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This article assesses whether the EU Treaty freedoms - the free movement of goods, persons, services and capital - should be considered as fundamental rights which are hierarchically equal to other fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach...
Persistent link: https://www.econbiz.de/10013087265
The 2000 Charter of Fundamental Rights of the European Union recognizes the right to asylum in Article 18. Once the 2007 Treaty of Lisbon enters into force, the Charter will become legally binding and its provisions will have treaty rank within the Union's legal order. Compliance with the...
Persistent link: https://www.econbiz.de/10013151780
The present article aims to analyse the existing and proposed Lithuanian labour legislation from the perspective of the relatively new human rights instrument – the Charter of Fundamental Rights of European Union. First of all, the article briefly explains the evolution of the social rights at...
Persistent link: https://www.econbiz.de/10012951793
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This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union (CJEU) and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will...
Persistent link: https://www.econbiz.de/10013076759
Fundamental rights and the fight against terrorism-UN sanctions regime-freezing of financial assets-relationship between EU and UN-implementation of Security Council resolutions in EU law-competence of ECJ to review legal acts of the Community-right to be heard-right to effective judicial...
Persistent link: https://www.econbiz.de/10012715250
The development of fundamental rights within the EU legal order has come to a climax through the entry into force of the Treaty of Lisbon in December 2009. Article 6 of the EU Treaty now recognizes the binding force of the EU Charter of Fundamental Rights, embraces the intention to accede to the...
Persistent link: https://www.econbiz.de/10013312766
Persistent link: https://www.econbiz.de/10012016298
This paper focuses on the problematic consequences related to the introduction of an advisory opinions procedure to the European Court of Human Rights as outlined by Protocol No. 16 to the European Convention on Human Rights. In particular, moving from the characteristics and the rationale...
Persistent link: https://www.econbiz.de/10011927957
Persistent link: https://www.econbiz.de/10014561021