The European Union and human rights : analysis, cases, and materials / Jan Wouters and Michal Ovádek ; edited by Katrien Martens.

Format:

Book

Author/Creator:

Wouters, Jan, 1964- author.

Ovádek, Michal, author.

Contributor:

Martens, Katrien, editor.

Language:

English

Subjects (All):

European Union.

Human rights--European Union countries.

Human rights.

Human rights--European Union countries--Cases.

European Union countries.

Genre:

Trials, litigation, etc.

Physical Description:

1 online resource (769 pages)

Place of Publication:

Oxford, England : Oxford University Press, [2021]

Summary:

This title provides analysis of the EU's human rights commitments through legislation, case law, and policy documents. Key developments to the EU's engagement with human rights, both internally and externally, are examined and it covers the topics of non-discrimination and competition law, migration, trade policy, and development cooperation.

Contents:

cover

Half title

The European Union and Human Rights

Copyright

Contents

Table of Cases

Table of Legislation

List of Abbreviations

1 The Emergence of the EU's Commitment to Human Rights

1.1 Introduction

1.2 Early Fundamental Rights Case Law in the European Communities

1.3 Development of Social Rights in the Internal Market

1.4 Human Rights in Political Cooperation

1.5 Fundamental Rights in the European Union Era

2 Fundamental Rights in the EU Institutional Landscape

2.1 Introduction

2.2 The European Commission

2.3 The European Parliament

2.4 The Council of the European Union

A. Working Party on Fundamental Rights, Citizens' Rights, and Free Movement of Persons (FREMP)

B. Working Party on Human Rights (COHOM)

2.5 The Court of Justice

2.6 The European External Action Service (EEAS) and EU Special Representative (EUSR) for Human Rights

2.7 The EU Agency for Fundamental Rights (FRA)

2.8 National Human Rights Institutions (NHRIs)

2.9 Equality Bodies and Data Protection Authorities

A. National Equality Bodies

B. Data Protection Authorities

2.10 European Ombudsman

2.11 EU Member States

3 Concepts and Language of Human Rights in the EU

3.1 Introduction

3.2 Human or Fundamental? On the Language and Concept of Rights

A. The EU's dichotomous language of rights

B. A more fundamental distinction?

3.3 Human Rights Narratives as EU Myths

3.4 The Rule of Law, Democracy, and Their Relation to Fundamental Rights

A. The democracy, rule of law, and human rights triumvirate in general

B. Democracy, the rule of law, and fundamental rights in the EU

4 The EU Legal Framework for the Protection of Fundamental Rights

4.1 Introduction

4.2 Fundamental Rights as General Principles of Law

4.3 EU Charter of Fundamental Rights.

A. The scope of application of the Charter

B. Limitations on the rights in the Charter

C. Relation of the Charter to the ECHR and national constitutions

D. Difference between rights and principles in Article 52(5) of the Charter

E. Horizontal effect of the Charter

F. Use of the Charter at national level

G. Explanations relating to the Charter

4.4 EU Secondary Law

A. General Data Protection Regulation

B. Directives on equality and anti-​discrimination

C. Directives on rights of victims and rights of suspects and accused persons

D. Free movement, immigration, and asylum

4.5 The Principle of Mutual Trust

4.6 Protection of EU Values through Articles 2 and 7 TEU

5 International Law, the ECHR, and the EU

5.1 Introduction

5.2 Application of EU Fundamental Rights to International Law

5.3 International Human Rights Law and the EU

5.4 The EU and the ECHR

A. The view from Strasbourg

B. EU accession to the ECHR

5.5 Other Council of Europe Instruments

5.6 Convention on the Rights of Persons with Disabilities (CRPD)

6 Fundamental Rights in EU Competition Enforcement

6.1 Introduction

6.2 Competition Enforcement in the EU

A. Agreements restricting competition (Article 101 TFEU) and antitrust enforcement in general

B. Abuse of a dominant position (Article 102 TFEU)

C. Mergers (Regulation No 139/​2004)

D. State aid (Article 107 TFEU)

6.3 Undertakings as Beneficiaries of Fundamental Rights

6.4 Rights of Defence in EU Competition Proceedings

A. Right to be heard and access to file

B. Right to good administration and duty to give reasons

C. Right to legal assistance

D. Privilege against self-​incrimination

E. Respect for private and family life

6.5 Antitrust Fines as Criminal Sanctions? Requisite Level of Protection in EU Competition Law.

A. Presumption of innocence

B. Principle of legality (nulla poena sine lege) and proportionality

C. Ne bis in idem

6.6 Court Delays and the Remedial Conundrum

A. The reasonable time requirement

B. Remedies for delay

6.7 Competition Law and Data Protection

7 Equality and Non-​discrimination Law in the EU

7.1 Introduction

7.2 Discrimination on Grounds of Nationality

7.3 Gender Discrimination

A. Equal pay, employment, and social security

B. Horizontal provisions and examples of sex discrimination

C. Sexual orientation

7.4 Racial Discrimination

7.5 Religious Discrimination

7.6 Age Discrimination

7.7 Discrimination on Grounds of Disability

8 Human Rights in EU Migration Laws and Policies

8.1 Introduction

8.2 Fundamentals of EU Migration and Asylum Policy

8.3 Migrants' Rights

A. Right to life and human dignity

B. Prohibition on arbitrary detention

C. Right to asylum

D. Right to non-​refoulement

E. Right to private and family life

F. Right to leave/​enter

8.4 Migration Channels to the EU

A. Highly skilled workers

B. Students and researchers

C. Family reunification

D. Asylum

8.5 Migration Control and Border Policies

A. Hotspots

B. European Border and Coast Guard Agency (Frontex)

C. Operation Sophia

D. Externalization and the EU-​Turkey statement

9 Human Rights in EU External Action

9.1 Introduction

9.2 Horizontal Principles and Objectives

A. Articles 3(5) and 21 TEU

B. EU Strategic Framework on Human Rights and Democracy

9.3 The External Human Rights 'Toolkit'

A. EU Action Plan on Human Rights and Democracy

B. Financing instruments

C. EU Human Rights Guidelines

D. EU Human Rights and Democracy Country Strategies

E. Human rights dialogues

F. Human rights clauses in international agreements.

9.4 Common Foreign and Security Policy (CFSP)

A. The CFSP and CSDP framework

B. Sanctions and restrictive measures

C. EU external representation and the Human Rights Council

D. CSDP missions

9.5 EU Enlargement and Neighbourhood Policy

A. Copenhagen criteria and the accession process

B. European Neighbourhood Policy (ENP)

9.6 Normative Power Europe? External Perceptions of the EU

10 Human Rights in EU Trade Policy

10.1 Introduction

10.2 The Nexus between Human Rights and Trade

10.3 Human Rights in EU Trade Policy since the Treaty of Lisbon

10.4 EU Trade Policy Instruments for Human Rights

A. Generalized Scheme of Preferences (GSP)

B. Unilateral trade control measures

C. Human rights clauses in EU trade agreements

D. Sustainable development chapters in EU trade agreements

10.5 Assessing the Human Rights Impact of EU Trade Agreements

11 Human Rights in EU Development Policy

11.1 Introduction

11.2 Human Rights and Development

A. Different communities, diverging conceptions

B. Human rights-​based conditionality in development cooperation

C. Programme support and financial instruments for human rights and good governance

D. Human rights mainstreaming and the human rights-​based approach to development

11.3 Human Rights in EU Development Cooperation

A. Evolution of the legal and policy framework

B. Aid sanctions and political conditionality

C. EU mainstreaming policy

D. The EU's rights-​based approach to development

InDex.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9780192543929

9780191923838

0191923834

9780192543912

0192543911

OCLC:

1261275005