European fundamental rights cases

European fundamental rights cases - none |

...dom of expression and the right to an effective remedy ... Procedural review in European fundamental rights cases ... ... .The Court highlighted the importance of the Internet as a vital tool in exercising the right to freedom of expression. Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Conflicts Between Fundamental Freedoms and Fundament ... European fundamental rights cases - - 9789069165509 | ... . Conflicts Between Fundamental Freedoms and Fundamental Rights in the Case Law of the Court of Justice of the European Union - A Comparison with the US Supreme Court Practice. ... European Papers, Vol. 3, 2018, No 2, pp. 563-600 ISSN 2499-8249 - doi: 10.15166/2499-8249/237 Decision of the European Ombudsman in the case 790/2020/PB on the assessment of a job application by the European Union Agency for Fundamental Rights (FRA) The European Court of Justice and Fundamental Rights Reasoning in the AMS Case. January 28, 2014 • Public Law • 5 min read . The AMS judgment of the CJEU is of great importance for the (potential) horizontal application of the EU Charter of Fundamental Rights, but raises more questions than it answers. The relationship between the European Court of Justice (ECJ) and European Court of Human Rights (ECtHR) is an issue in European Union law and human rights law.The ECJ rules on European Union (EU) law while the ECtHR rules on the European Convention on Human Rights (ECHR), which covers the 47 member states of the Council of Europe.Cases cannot be brought in the ECtHR against the European Union ... Even though there is no right to asylum as such under the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention on Human Rights), which binds all EU Members, the European Court of Human Rights has dealt with a large number of cases involving asylum seekers whose human rights have been violated—for example, for maltreatment while being kept in detention ... In particular, judicial reasoning in fundamental rights cases is often unclear with respect to interpretation and the balancing of rights and interests. The situation is further complicated by the fact that judgements concerning fundamental rights are not always pronounced by a national court. Get this from a library! Procedural review in European fundamental rights cases. [J H Gerards; Eva Brems] -- Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations. The European Court of Justice (hereafter "ECJ") decision in the Zambrano case; C-34/09, of 8 March 2011, has inaugurated a new approach or, as it is said, a new doctrine regarding EU citizenship rights. This judgment has tangible repercussions on the human rights debate within the boundaries of the European Union due to its implications for the rules governing family reunification of EU ... 1 Procedural Review in European Fundamental Rights Cases: Introduction 1 janneke gerards and eva brems PART I Foundations and Rationales for Procedural Review by Supranational Courts Deciding Fundamental Rights Cases 15 2 The Logics of Procedural-Type Review by the European Court of Human Rights 17 eva brems 3 The Modest Promise of Procedural ... The treaty of the European Union, Article 6 (1), declared that 'the union shall recognise the rights, freedoms and principles set out in the Charter of fundamental rights.' It goes on further to state that the principles shall have 'the same legal value as the Treaties', one can see that the Union recognises fundamental rights and gives them growing importance. The European Court of Human Rights in Strasbourg, which is not an EU institution but an organ of the Council of Europe, provides an additional layer of protection in case of alleged violations of the rights set out in the European Convention on Human Rights. The EU Charter of Fundamental Rights sets out a series of individual rights and freedoms. This is also troublesome for national courts, because they have to take account of the European case-law in their judgements. Adopting unclear European methods does not enhance the quality of their reasoning. It is therefore essential to improve judicial reasoning in fundamental rights cases at both the national and European levels....


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European fundamental rights cases.pdf


This compendium of European Fundamental Rights Cases contains a selection of landmark judgments of the European Court of Human Rights and the European Court of Justice. The selected judgments are all of great importance for the application and interpretation of fundamental rights in Europe.The compendium has been developed specifically for use by bachelor and master students in courses on European fundamental rights, but law practitioners who are interested in the fundamental rights judgments of Europe's supranational Courts will also find it useful.

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