The EU Charter of Fundamental Rights Politics, Law and Policy

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Format: Hardcover
Pub. Date: 2004-04-01
Publisher(s): Hart Publishing
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Summary

This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavour of how the Charter might seep in to the process of substantive law making. Third, the book describes the impact of the Charter on the question of "Access to Justice" in the EU, a highly topical and important objective, given the current debate (and indeed friction) in the case law of the Community judicature, on how the judicial architecture might be amended to improve access to justice to private parties affected adversely by Union regulation. Fourthly, the book takes an "external" lens in assessing the Charter, canvassing its relationship with the regime for protection of human rights supplied by the international plane, and examining the impact of the Charter on the process of accession of new Member States to the EU.

Author Biography

Steve Peers is Professor of European Law at the University of Essex. He has written widely on European Law and has acted as a consultant to the European Commission, the House of Lords' Select Committee on the European Union and the European Parliament.
Angela Ward is a Référendaire in the Chambers of Advocate General Niilo Jääskinen at the Court of Justice of the European Union, and a Visiting Professor in the Law Faculty of Birkbeck College University of London.

Table of Contents

Introduction ix
List of Contributors
xv
The European Union Charter and the European Convention on Human Rights: An Overview xvii
Hans Christian Kruger
Part I: Political, Legal and Constitutional Issues
European Constitutionalism and the Charter
3(32)
Grainne de Burca
Jo Beatrix Aschenbrenner
The Member States
35(24)
Paolo Carozza
Human Rights and Membership of the European Union
59(24)
Bruno de Witte
Gabriel N Toggenburg
The Charter and United Nations Human Rights Treaties
83(40)
Dominic McGoldrick
Access to Justice
123(18)
Angela Ward
Taking Rights Away? Limitations and Derogations
141(42)
Steve Peers
Part II: The Chapter and Substantive Policy Areas of EU Regulation
The Internal Market
183(28)
Stephen Weatherill
Labour Law
211(20)
Pascale Lorber
Citizens, Immigrants, Terrorists and Others
231(16)
Elspeth Guild
Environmental and Consumer Protection
247(22)
Alexandre Kiss
Criminal Law and the Privilege Against Self-Incrimination
269(18)
Janet Dine
Health Care Law
287(22)
Sabine Michalowski
Social Security
309(14)
Robin CA White
Children's Rights
323(26)
Holly Cullen
Part III: Remedies
Remedies and the Charter of Fundamental Rights of the European Union
349(16)
Dinah Shelton
Appendix I: The EU Charter of Fundamental Rights 365(6)
Appendix II: References to the EU Charter of Fundamental Rights 371(16)
Index 387

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