Rosemary Byrne and Han Entzinger (eds.): Human Rights Law and Evidence-Based Policy – The Impact of the EU Fundamental Rights Agency

2020 ◽  
pp. 633-634
Author(s):  
Teresa Mörth
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Evidence Based ◽  
Human Rights Law ◽  
Evidence Based Policy ◽  
The Impact ◽  
Eu Fundamental Rights ◽  
The Eu

The Protection of Intellectual Property in International Human Rights Law

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.

scholarly journals Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law

2020 ◽  
Vol 18 (1) ◽  
pp. 25-49
Author(s):  
Mihaela Vrabie
Keyword(s):  
Judicial Review ◽  
National Level ◽  
Fundamental Rights ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
Eu Fundamental Rights ◽  
The Eu

This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States. It also aims to determine the legal remedies available at national level in the context of judicial review in case of violation, by the national authorities, of EU fundamental rights guaranteed by the Charter of Fundamental Rights of the EU or as general principles of EU law. To this end, this study explains the impact of the legally binding EU Charter on public administration of the Member States and the field of application of the EU Charter at national level. The article also deals with the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter and EU fundamental rights as general principles of EU law. With reference to the judicial remedies available to national courts, the study outlines the effects of EU law (primacy of EU law, direct effect, direct application) in relation to the EU fundamental rights and the measures that can be adopted by the national courts when the action of the national administrative authorities is not compatible with EU fundamental rights. Finally, the article presents the most important findings concerning judicial protection of EU fundamental rights at the national level, especially from the perspective of the right to an effective remedy and to a fair trial stipulated by Article 47 of the EU Charter.  

12. Human Rights in the EU

EU Law ◽  
2020 ◽  
pp. 430-480
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
Member States ◽  
Political Conditionality ◽  
Development Policies ◽  
Foreign And Security Policy ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.

EU practices on measuring human rights

2020 ◽  
pp. 523-541
Author(s):  
Markus Möstl ◽  
Maddalena Vivona ◽  
Isabella Meier ◽  
Klaus Starl
Keyword(s):  
European Union ◽  
Human Rights ◽  
Policy Making ◽  
Evidence Based ◽  
Policy Cycle ◽  
The European Union ◽  
Policy Area ◽  
Evidence Based Policy ◽  
Measurement Tools ◽  
The Eu

Numerous articles of the Treaty on European Union oblige the European Union (EU) to respect, protect, and fulfil human rights. Reliable human rights information is indeed crucial for any policy area and during any stage of the policy cycle in order to serve evidence-based policy-making. Chapter 22 analyses how the EU is currently satisfying its need for human rights information, and presents the main opportunities, but also the key challenges in this respect. It is argued that human rights measurement tools using human rights indicators can provide reliable human rights information. The authors provide concrete recommendations on how to make use of the opportunities and overcome the identified challenges of measuring human rights.

scholarly journals What is the Added Value of the Concept of the “Essence” of EU Fundamental Rights?

2019 ◽  
Vol 20 (6) ◽  
pp. 763-778
Author(s):  
Mark Dawson ◽  
Orla Lynskey ◽  
Elise Muir
Keyword(s):  
Political Institutions ◽  
Fundamental Rights ◽  
Added Value ◽  
Legal Authority ◽  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Recent Developments ◽  
Eu Fundamental Rights ◽  
The Eu

AbstractThis Article introduces our Special Issue by posing a central question: What is the added value of the increasing prominence of the concept of the “essence” of fundamental rights in EU law? It will address this larger question in four steps: First, by examining the function of the concept in EU law and the methods for its derivation; second, by summarizing how its application diverges across EU—and international—law; third, by outlining some enduring difficulties with the essence concept; and finally, by reflecting on its future role in EU law, including its impact on other sites of legal authority—such as domestic fundamental rights, the political institutions of the EU, and international human rights law. As the other articles of this issue demonstrate, while there is not yet a coherent approach to deriving and understanding the essence of rights across the fundamental rights the EU must protects, the essence concept plays an increasingly significant role in demarcating the boundaries between the EU’s legal and political orders and between overlapping sites of legal authority. Recent developments—such as the rule of law “crises”—are likely to further amplify the importance of “essence” to EU law practice and scholarship.

Legal Certainty and Cartel Criminalisation within the EU Member States

2012 ◽  
Vol 71 (3) ◽  
pp. 677-702 ◽  
Author(s):  
Peter Whelan
Keyword(s):  
Human Rights ◽  
Comprehensive Analysis ◽  
Human Rights Law ◽  
Legal Certainty ◽  
Member States ◽  
Eu Member States ◽  
Criminal Sanctions ◽  
The Impact ◽  
Rights Issues ◽  
The Eu

There is a trend within the EU Member States to introduce criminal sanctions for cartel activity. Such criminalisation must respect the human rights of the accused. Unfortunately the literature on cartel criminalisation pays scant regard to the investigation of human rights issues. A comprehensive analysis of the impact of the principle of legal certainty (Article 7 ECHR) upon cartel criminalisation in the EU Member States is conspicuously absent from the literature. This article rectifies this deficiency by examining how this particular principle of European human rights law may impact upon the concept, substance and existence of a criminal cartel offence.

12. Human Rights in the EU

EU Law ◽  
2020 ◽  
pp. 414-462
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Security Policy ◽  
Fundamental Rights ◽  
Human Rights Law ◽  
Member States ◽  
Political Conditionality ◽  
Development Policies ◽  
Foreign And Security Policy ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.

scholarly journals The UNGPs in the European Union: The Open Coordination of Business and Human Rights?

2018 ◽  
Vol 3 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Daniel AUGENSTEIN ◽  
Mark DAWSON ◽  
Pierre THIELBÖRGER
Keyword(s):  
European Union ◽  
Human Rights ◽  
Implementation Process ◽  
Fundamental Rights ◽  
The European Union ◽  
Eu Member States ◽  
Open Method Of Coordination ◽  
Business And Human Rights ◽  
Eu Fundamental Rights ◽  
The Eu

AbstractThe article examines the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union via National Action Plans (NAPs). We argue that some of the shortcomings currently observed in the implementation process could effectively be addressed through the Open Method of Coordination (OMC) – a governance instrument already used by the European Union (EU) in other policy domains. The article sketches out the polycentric global governance approach envisaged by the UNGPs and discusses the institutional and policy background of their implementation in the EU. It provides an assessment of EU member states’ NAPs on business and human rights, as benchmarked against international NAP guidance, before relating experiences with the existing NAP process to the policy background and rationale of the OMC and considering the conditions for employing the OMC in the business and human rights domain. Building on a recent opinion of the EU Fundamental Rights Agency, the article concludes with a concrete proposal for developing an OMC on business and human rights in the EU.

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