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Books on the topic 'Article 8 EU Charter'
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1
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 Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g., restitution or interim relief), regardless of whether this would be available under national law.
2
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 what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterize individuals’ relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity, and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR’s right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art 8 Charter) in the face of power asymmetries online.
3
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, both in the case law of the Court of Justice and in the review of the legal framework. At the same time, it is argued that a lack of awareness of the difference in character between Articles 7 and 8 of the Charter could prevent Article 8 from reaching its full potential.
4
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 into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities.
5
Homewood, Matthew J. 8. EU competition law: Article 102 TFEU. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0008.
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This chapter focuses on Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market in so far as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade. Like Article 101, Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.
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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 essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
7
Kaj, Hobér. Part II Investor-State Arbitration in the Energy Sector, 8 Overview of Energy Charter Treaty Cases. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198805786.003.0008.
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This chapter analyzes rendered awards and pending Energy Charter Treaty (ECT) cases using detailed statistical data on the disputes overall (including the number of cases brought and their outcomes), the parties involved (including the types of investors making use of the ECT, and most frequent respondent states), the underlying investment (including the different energy sectors concerned), and the arbitration rules used. It also discusses a number of issues that often arise in ECT cases. First, the chapter looks at jurisdictional objections regularly raised by respondents, including the provisional application of the ECT under Article 45; the ‘denial of benefits’ clause of Article 17(1); and the definition of an ‘investment’ under Article 1(6). The chapter then analyzes selected merits issues that have been addressed in the ECT awards rendered to date. Finally, this chapter considers the future of the ECT.
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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 consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.
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Trevor C, Hartley. Part II Jurisdiction, 8 Special Jurisdiction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0008.
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This chapter considers the rules of special jurisdiction contained in Article 7 of Brussels 2012 and Article 5 of Lugano 2007, rules that apply when the defendant is domiciled in another EU or Lugano State. Topics discussed include rules on contract; tort, delict, and quasi-delict; civil claims in criminal proceedings; recovery of cultural objects; branch, agency, or other establishments; trusts; salvage of a cargo or freight; and claims for maintenance. The rules discussed are all subject to an exception where the courts of another Member State have exclusive jurisdiction, under Brussels 2012, Article 24 or 25, or where another Section of Title II of the Regulation sets out a complete code of provisions with regard to a given subject.
10
Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 8 Membership. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0008.
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The Charter of the United Nations provides for two different means by which it is possible to become a member of the organization. Article 3 of the UN Charter relates to original members of the organization, while other members may be admitted under Article 4 of the UN Charter. The main distinction between original members and other members is that the organization is able to exercise control over whether the latter become members but had no control over the admission to membership of original members. This chapter discusses the admission to membership process; loss of membership and membership rights; readmission to membership; state succession and membership; problems of extinction and continuity; representation of members/credentials; and the position of observers.
11
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 asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.
12
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 prohibition of refoulement. The ‘right to gain effective access to the procedure for determining refugee status’ established by the Strasbourg Court as well as developments within the Common European Asylum System are also given attention. Comparisons are made with the approach adopted by the CJEU in the areas of free movement, legal/illegal migration, and EU citizenship. This serves as a basis for the clarification of the meaning of the right to (leave to seek) asylum inscribed in the Charter that Member States must ‘guarantee’ and its implications for mechanisms of ‘integrated border management’.
13
Moss, Gabriel, Ian F. Fletcher, and Stuart Isaacs, eds. Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199687800.001.0001.
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This practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organised thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.
14
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 Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.
15
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 form of post-national and post-state entity.
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 office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.
17
Bueso Guillén, Pedro José. White paper: How to procure e-mobility solutions. Corvers Chair on Innovation Procurement. University of Zaragoza, 2021. http://dx.doi.org/10.26754/uz.978-84-18321-10-8.
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This White Paper provides a step-by-step approach on how to procure e-mobility solutions. Chapter 1 covers the implementation of a so-called innovation procurement. Chapter 2 covers all relevant aspects that are related to the Government Procurement Agreement (GPA) of the World Trade Organization with a link to the most relevant aspects of EU Trade Agreements that enhance the competitiveness of European companies. The chapter also presents an overview of the most recent and relevant EU initiatives to maintain a level playing field in public procurement within and across the boundaries of the EU Internal Market. Chapter 3 covers the possibilities to include social and environmental criteria within government procurements. Chapter 4 concludes on the findings of the e-Mobility paper and provides the reader with useful practices and tools to follow up on the procurement of e-mobility solutions. For the context of this White Paper, e-mobility solutions are transport solutions which are based on heavy duty vehicles with a zero-emission tailpipe pollution, which are a category under article 4 (5) of the Directive 2009/33/EC of 23 April 2009 on the promotion of clean road transport vehicles in support of low-emission mobility amended by Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019
18
Jones, Alison, and Brenda Sufrin. 12. Licensing Agreements and other Agreements Involving Intellectual Property Rights. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0012.
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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 some of the different types of intellectual property rights (IPRs) before outlining the relationship between intellectual property and both EU competition law and the EU free movement rules. It focuses, however, on IP licensing agreements and their treatment under Article 101. The chapter is organized as follows. Section 3 traces the development of EU competition policy to IP licensing agreements. Sections 4 and 5 examine the current Technology Transfer Block Exemption, Regulation 772/2004 (TTBER) and the Guidelines in detail (noting where significant changes might occur in 2014). Sections 6, 7, and 8 deal with trade mark licences, trade mark delimitation agreements, and copyright (other than software) licences not covered by the TTBER and Guidelines. Section 9 outlines issues arising in cases involving IPRs under Article 102, while Section 10 concludes.
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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 standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.