By Ola Zetterquist (auth.), Di Federico Giacomo (eds.)
The first a part of this e-book stories the multi-level approach of security presently working in Europe and its constitutional implications. The ebook provides an research of the constitution from a felony, political and functional viewpoint. It additional examines the task of the eu Parliament as a primary rights actor, in addition to the fitting to a good trial and to potent judicial safeguard sooner than and via the european Courts. the second one a part of the quantity addresses the influence of a binding constitution on particular components of european legislation. The order of the contributions during this quantity displays the constitution of the Treaty at the functioning of the eu Union: loose stream of folks; the interior marketplace; the world of freedom safeguard and justice (civil and felony aspects); social rights safety; environmental coverage; growth; foreign alternate and the typical international and defense Policy.
Read or Download The EU Charter of Fundamental Rights: From Declaration to Binding Instrument PDF
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Extra resources for The EU Charter of Fundamental Rights: From Declaration to Binding Instrument
71 Case C-260/89 ERT, n. 67 above, para 43. 72 See Art. 30 TEC (now Art. 36 TFEU), Art. 46 TEC (now Art. 52 TFEU) and Art. 55 TEC (now Art. 62 TFEU). 73 Case C-36/02 Omega  ECR I-9609. On the balancing of fundamental rights and freedoms in the case law of the ECJ, see further in this volume S. Curzon, ‘Chapter 8’. 74 Case C-244/06 Dynamic Medien  ECR I-505, para 41. H. S. Lockhart, ‘Taking rights seriously: The European Court of Justice and its fundamental rights jurisprudence’, (1995) 30 G.
In France, compliance appears to have been achieved through judicial interpretation (See Cour de Cassation, 23 February 2001, Cts Bolle Laroche c/Agent judiciaire du trésor and Nouhaud et a. v. France , Appl. No 33424/96) Conseil d’Etat, 28 June 2002, Ministre de la Justice c/M. Magiera and Broca et Texier-Micault v. France , Appl. Nos. 27928//02 and 31694/02). 48 On the liability of the State and the right to damages, see, for instance, Art. 6:162 of the Dutch Civil Code and Section 8 of the HRA.
P. Jacqué, ‘Primauté du droit international versus protection des droits fondamentaux’ (2009) Revue trimestrielle de droit européen 161; A. Gattini, (2009) 46 Common Market Law Review 213; G. Harpaz, ‘Judicial review by the European Court of Justice of UN ‘Smart Sanctions’ against terror in the Kadi dispute’, (2009) 14 European Foreign Affairs Review 65; C. Eckes, ‘Test Case for the Resilience of the EU’s Constitutional Foundations International Sanctions against Individuals: A Test Case for the Resilience of the European Union’s Constitutional Foundations, (2009) 15 European Public Law 351.