Complex Equality and the Court of Justice of the European Union
Title | Complex Equality and the Court of Justice of the European Union PDF eBook |
Author | Richard Lang |
Publisher | BRILL |
Pages | 390 |
Release | 2018-07-17 |
Genre | Law |
ISBN | 9004354263 |
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
The European Social Model and an Economy of Well-being
Title | The European Social Model and an Economy of Well-being PDF eBook |
Author | Giovanni Bertin |
Publisher | Edward Elgar Publishing |
Pages | 264 |
Release | 2021-02-26 |
Genre | Political Science |
ISBN | 1800378076 |
This timely book critically examines the European Social Model as a contested concept and concrete set of European welfare and governance arrangements. It offers a theoretical and empirical analysis of new economic models and existing European investment strategies to address key issues within post-Covid-19 Europe.
Human Rights in the Council of Europe and the European Union
Title | Human Rights in the Council of Europe and the European Union PDF eBook |
Author | Steven Greer |
Publisher | Cambridge University Press |
Pages | 562 |
Release | 2018-03-29 |
Genre | Law |
ISBN | 1108647456 |
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Defending Checks and Balances in EU Member States
Title | Defending Checks and Balances in EU Member States PDF eBook |
Author | Armin von Bogdandy |
Publisher | Springer Nature |
Pages | 478 |
Release | 2021-01-05 |
Genre | Law |
ISBN | 366262317X |
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
The Future of Human Rights in the UK
Title | The Future of Human Rights in the UK PDF eBook |
Author | Richard Lang |
Publisher | Cambridge Scholars Publishing |
Pages | 328 |
Release | 2017-11-06 |
Genre | Political Science |
ISBN | 1527505146 |
In November 2016 the University of Brighton hosted a one day conference entitled “The Future of Human Rights in the UK”. Legal academics and practitioners from across the UK and Ireland attended to discuss the various topical issues that arise under the title of the conference. Papers were presented on terrorism and counter-terrorism, the role of the European Court of Human Rights, surrogacy and parental rights, union rights, social and economic rights and Brexit; to name but a few. This edited collection comprises a selection of the papers presented. It is a thought-provoking collection designed to make the reader ask themselves: what does the future of human rights in the UK look like?
EU Anti-Discrimination Law
Title | EU Anti-Discrimination Law PDF eBook |
Author | Evelyn Ellis |
Publisher | Oxford University Press, USA |
Pages | 570 |
Release | 2012-11-29 |
Genre | Law |
ISBN | 0199698465 |
Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.
The Area of Freedom, Security and Justice Ten Years on
Title | The Area of Freedom, Security and Justice Ten Years on PDF eBook |
Author | Elspeth Guild |
Publisher | |
Pages | 0 |
Release | 2010 |
Genre | Law |
ISBN | 9789461380340 |
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU's AFSJ. Book jacket.