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Books on the topic 'Article 47 of the EU Charter'

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1

Bonelli, Matteo, Mariolina Eliantonio, and Giulia Gentile, eds. Article 47 of the EU Charter and Effective Judicial Protection, Volume 2. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509948024.

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This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used this principle to shape EU and national procedural rules; more recently, the principle has acquired a central role in the EU constitutional structure. In this second volume, an expert team explores how national courts have applied Article 47 and the
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2

Article 47 of the EU Charter and Effective Judicial Protection, Volume 2: The National Courts' Perspectives. Bloomsbury Publishing Plc, 2023.

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3

Eliantonio, Mariolina, Matteo Bonelli, and Giulia Gentile. Article 47 of the EU Charter and Effective Judicial Protection : Volume 1: The Court of Justice's Perspective. Bloomsbury Publishing Plc, 2022.

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4

Craig, Paul, and Gráinne de Búrca. 8. The Application of EU Law:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0008.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. Article 47 of the Charter of Fun
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5

Kellerbauer, Manuel, Marcus Klamert, and Jonathan Tomkin, eds. The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198794561.001.0001.

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This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including
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6

Kellerbauer, Manuel, Marcus Klamert, and Jonathan Tomkin, eds. The EU Treaties and Charter of Fundamental Rights: A Commentary. 2nd ed. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198913689.001.0001.

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Abstract The second edition of this book provides an article-by-article summary of the Treaty on European Union, the Treaty on the Functioning of the European Union, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The book considers key developments in all areas of EU law, including the debates and requirements around the rule of law, legal
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7

Foster, Nigel. Foster on EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198839804.001.0001.

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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a considerati
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8

Ausloos, Jef. The Right to Erasure in EU Data Protection Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198847977.001.0001.

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This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting ‘data subject empowerment’ in the information society through the lens of the right to erasure (‘right to be forgotten’) in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Article 8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and
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9

Moreno-Lax, Violeta. EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0008.

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This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylu
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10

Moreno-Lax, Violeta. The EU Right to Asylum: An Individual Entitlement to (Access) International Protection. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0009.

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This chapter analyses the right to asylum enshrined in Article 18 CFR and its relevance in relation to access to international protection in the EU. It sets out the origins and evolution of the notion. The chapter shows the impact of the CSR51 and the ECHR on the classic understanding that the right of asylum is a matter exclusively belonging to the sovereign. The rights to leave any country and to seek asylum implicit in those instruments are assessed, together with the principle of proportionality and the limits it imposes on State discretion, and the intersection with the absolute prohibiti
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11

Hustinx, Peter. EU Data Protection Law: The Review of Directive 95/46/EC and the General Data Protection Regulation. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198807216.003.0005.

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This chapter looks at the origins and the current state of EU data protection law, and highlights the context of the ongoing review of Directive 95/46/EC as its key instrument, as well as the main lines of the proposed General Data Protection Regulation which will replace the Directive in the near future. The analysis shows a gradual development along two lines: one aiming at stronger rights in order to provide more effective protection, and one ensuring more consistent application of those rights across the EU. It also demonstrates the increasing impact of the Charter of Fundamental Rights, b
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12

Grosse Ruse-Khan, Henning. The Protection of Intellectual Property in International Human Rights Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0008.

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This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of
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13

Bellamy, Richard. The Challenge of European Union. Edited by John S. Dryzek, Bonnie Honig, and Anne Phillips. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199548439.003.0013.

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This article examines the political challenges of the European Union (EU). It explains that political theorists and scientists alike have viewed European integration as a laboratory for exploring how far the nation state, and the forms of domestic and international politics to which it gave rise, has been affected by the various processes associated with globalization. It discusses the Charter of Rights and Constitutional Treaty of the EU and suggests that the EU can be plausibly characterized as an intergovernmental organization of an advanced kind, a nascent federation of states, and a new f
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14

Craig, Paul, and Gráinne de Búrca. 24. Equal Treatment and Non-Discrimination. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0024.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated i
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15

Moreno-Lax, Violeta. Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory). Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0010.

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The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standa
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16

Raimondi, Guido. Introductory Note. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0027.

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This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from
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