The EU Charter of Fundamental Rights : a commentary

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The EU Charter of Fundamental Rights : a commentary

edited by Steve Peers ... [et al.]

Hart Pub , Beck , Nomos, 2021

2nd ed

  • : hb : Hart

Available at  / 11 libraries

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ISBN for Beck: 9783406769658; for Nomos: 9783848786121

Includes bibliographical references and index

Description and Table of Contents

Description

"..this most thorough commentary must be regarded as the Bible on the Charter" Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.

Table of Contents

Part I - Commentary on the Articles of the EU Charter of Fundamental Rights Article 1 - Human Dignity Catherine Dupre Article 2 - Right to Life Elizabeth Wicks Article 3 - Right to the Integrity of the Person Steve Peers Article 4 - Prohibition of Torture and Inhuman or Degrading Treatment or Punishment Maria-Teresa Gil-Bazo Article 5 - Prohibition of Slavery and Forced Labour Heli Askola Article 6 - Right to Liberty and Security Daniel Wilsher Article 7 (Private Life, Home and Communications) - Respect for Private and Family Life David Mangan Article 7 (Family Life Aspects) - Right to Respect for Private and Family Life Miriam Kullmann Article 8 - Protection of Personal Data Herke Kranenborg Article 9 - Right to Marry and Right to Found a Family Steve Peers Article 10 - Right to Freedom of Thought, Conscience and Religion Ronan McCrea Article 11 - Freedom of Expression and Information Lorna Woods Article 12(1) - Freedom of Assembly and of Association Filip Dorssemont Article 12(2) - Freedom of Assembly and of Association Jo Shaw and Lamin Khadar Article 13 - Freedom of the Arts and Sciences Debbie Sayers Article 14 - Right to Education Gisella Gori Article 15 - Freedom to Choose an Occupation and Right to Engage in Work Eleni Frantziou and Virginia Mantouvalou Article 16 - Freedom to Conduct a Business Michelle Everson and Rui Correia Goncalves Article 17(1) - Right to Property Ferdinand Wollenschlager Article 17(2) - Right to Property Article 18 - Right to Asylum Maarten den Heijer Article 19 - Protection in the Event of Removal, Expulsion or Extradition Elspeth Guild Article 20 - Equality Before the Law Mark Bell Article 21 - Non-Discrimination Claire Kilpatrick and Hanna Eklund Article 22 - Cultural, Religious and Linguistic Diversity Rachael Craufurd Smith Article 23 - Equality between Women and Men Dagmar Schiek and Biljana Kotevska Article 24 - The Rights of the Child Ruth Lamont Article 25 - The Rights of the Elderly Colm O'Cinneide Article 26 - Integration of Persons with Disabilities Charlotte O'Brien Article 27 - Workers' Right to Information and Consultation within the Undertaking Filip Dorssemont Article 28 - Right of Collective Bargaining and Action Catherine Barnard Article 29 - Right of Access to Placement Services Jeff Kenner Article 30 - Protection in the Event of Unjustified Dismissal Jeff Kenner Article 31 - Fair and Just Working Conditions Alan Bogg and Michael Ford Article 32 - Prohibition of Child Labour and Protection of Young People at Work Helen Stalford and Nuno Ferreira Article 33 - Family and Professional Life Jeff Kenner and Katrina Peake Article 34 - Social Security and Social Assistance Oxana Golynker Article 35 - The Right to Health Care Tamara Hervey and Jean McHale Article 36 - Access to Services of General Economic Interest Erika Szyszczak Article 37 - Environmental Protection Elisa Morgera and Gracia Marin Duran Article 38 - Consumer Protection Steve Weatherill Article 39 - Right to Vote and to Stand as a Candidate at Elections to the European Parliament Jo Shaw and Lamin Khadar Article 40 - Right to Vote and to Stand as a Candidate at Municipal Elections Kees Groenendijk Article 41 - The Right to Good Administration Paul Craig Article 42 - Right of Access to Documents Ivan Lazarov Article 43 - European Ombudsman Ian Harden Article 44 - Right to Petition Mats Lindfelt Article 45 - Freedom of Movement and of Residence Eleanor Spaventa Article 46 - Diplomatic and Consular Protection Eileen Denza Article 47 - Right to an Effective Remedy and to a Fair Trial Angela Ward Article 48 (Administrative Law) - Presumption of Innocence and Right of Defence Hanns Peter Nehl Article 48 (Criminal Law) - Presumption of Innocence and Right of Defence Debbie Sayers Article 49 - Principles of Legality and Proportionality of Criminal Offences and Penalties Valsamis Mitsilegas and Emmanouil Billis Article 50 - Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence Jonathan Tomkin Article 51 - Field of Application Angela Ward Article 52 - Scope and Interpretation of Rights and Principles Steve Peers and Sacha Prechal Article 53 - Level of Protection Bruno de Witte Article 54 - Abuse of Rights Lorna Woods Part II - Reflections on the EU Charter of Fundamental Rights The Place of the Charter in the European Legal Space Koen Lenaerts and Jose Antonio Gutierrez-Fons The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies Albertina Albors-Llorens The Charter and Universal Human Rights Instruments Allan Rosas Mutual Trust and the Charter: A Salutary Irish Example Gerard Hogan The Implementation of the Charter of Fundamental Rights by the EU Member States (as Reflected in the Work of the EU Fundamental Rights Agency) Gabriel N Toggenburg The Charter and the General Court Alexander Kornezov The 'Dublin Regulation' and the Charter: An Impetus for Change Doyin Lawunmi Fundamental Social Rights in the Charter - Are They Rights? Are They Fundamental? Niilo Jaaskinen Part III - Commentary on the Treaty of EU Accession to the European Convention on Human Rights EU Accession to the ECHR Tobias Lock

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