The European Charter of Fundamental Rights and the Courts

This chapter presents the subject matter under scrutiny and provides a historical account of the development of extraterritorial strategies of migration management in Europe, coinciding with parallel changes in refugee movements and the composition of migratory flows on the global scale. The objective and research questions the study seeks to address are also introduced, together with a description of the methodology underpinning the research. In particular, the ‘cumulative standards’ or ‘integrated interpretation’ model employed to construe EU Charter of Fundamental Rights standards is canvassed. The concept of ‘jurisdiction’ and the alternative ‘Fransson paradigm’ applicable to interpret the scope of application of EU law is also briefly defined. The structure of the book is outlined at the end, providing an overview of the different chapters and their interrelation.

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The Protection of Intellectual Property in International Human Rights Law

10.1093/oso/9780199663392.003.0008 ◽

2017 ◽

Author(s):

Henning Grosse Ruse-Khan

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Fundamental Rights ◽

European Convention ◽

International Human Rights Law ◽

Human Rights Law ◽

Cultural Rights ◽

Core Subject ◽

Charter Of Fundamental Rights ◽

The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

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Within the Public-Private Divide. Right to Housing and Consumer Law in Recent European Private Law Trends

Global Jurist ◽

10.1515/gj-2017-0040 ◽

2018 ◽

Vol 19 (2) ◽

Author(s):

Rocco Alessio Albanese

Keyword(s):

Fundamental Rights ◽

Private Law ◽

The European Union ◽

The Public ◽

Consumer Law ◽

Charter Of Fundamental Rights ◽

Recent Trends ◽

New Perspective ◽

The Right ◽

Protection Of Right

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.

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