Introduction

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
European Union ◽  
Human Rights ◽  
Cultural Heritage ◽  
European Integration ◽  
Public Law ◽  
European Convention ◽  
The European Union ◽  
European Project ◽  
European Public ◽  
Domestic Law

The introduction shows how the history and diversity of Europe have given rise to the European project. On the basis of historical differences, there are great differences between the countries of Europe; nevertheless, as a function of common cultural heritage, a project of European integration has emerged. Beginning with European history, the chapter shows how the European project has evolved and been consolidated through law and how, against the background of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic law of the countries of Europe, a European public law is taking shape.

Conclusion

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
Public Law ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
European Continent ◽  
European Public ◽  
The Law ◽  
Domestic Law ◽  
Opening Up ◽  
The Way

Chapter 7 concludes the analysis of the book. It shows how by means of three circles—the law of the European Union, the law of the European Convention on Human Rights, and domestic law—a European public law is emerging. The conclusion analyses the challenges of the model of European public law and what is needed for it to strengthen. It makes the point that the European ambition goes beyond Europe and that Europe is not isolated from the world. European law is renewing the way in which international and domestic law co-exist, and the way in which the State and the law co-exist. By becoming stronger European law is opening up vistas which exceed the European continent.

Towards a European Public Law

2017 ◽  
Author(s):  
Bernard Stirn ◽  
Eirik Bjorge
Keyword(s):  
Historical Development ◽  
Public Law ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
European Public ◽  
The Law ◽  
Domestic Law ◽  
Legal Integration ◽  
The Eu

This book argues that, on the basis of the law of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic public law of the countries of Europe, a European public law is taking shape. European law is marked to a large extent by the differences which subsist between the cultures and legal systems of Europe; nevertheless European legal integration has been quickened by the similarities that exist and the wish for integration. The book analyses the historical development of the European legal project, and the challenges of the model of European public law and what is needed for it to strengthen. It concludes that by means of three circles—the law of the EU, the ECHR, and domestic law—a European public law is emerging. This European public law is renewing the way in which international and domestic law co-exists, and the very co-existence between the State and the law itself.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

scholarly journals Refl ections on the Principle of Equal Treatment in EU Law and the Jurisprudence of the Court of Justice of the European Union and the European Convention on Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 5-23
Author(s):  
Marija Daka
Keyword(s):  
European Union ◽  
Human Rights ◽  
Equal Treatment ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Complex Approach

The paper presents some of the most relevant aspects of European nondiscrimination law established th rough European Union law and the European Convention on Human Rights, looking also at the evolution of the norms and milestones of case-law on equal treatment within the two systems. The paper gives an overview of the non-discrimination concept as interpreted by the Court of Justice of the European Union and by the European Court of Human Rights. We examine the similar elements but also give insight into conceptual differences between the two human rights regimes when dealing with equal treatment. The differences mainly stem from the more complex approach taken by EU law although, based on analysed norms, cases, and provisions, the aspects of equal treatment in EU law are largely consistent with the practice of the ECtHR. Lastly, the paper briefl y places the European non-discrimination law within the multi-layered human rights system, giving some food for thought for the future potential this concept brings.

Handyside v United Kingdom (1979–80) 1 EHRR 737, European Court of Human Rights

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Public Law ◽  
European Convention ◽  
European Court ◽  
Margin Of Appreciation ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Domestic Law

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Handyside v United Kingdom (1979-80) 1 EHRR 737, European Court of Human Rights. This case concerned a book which breached the Obscene Publications Act 1959. The publisher, Handyside, contended that the domestic law (the 1959 Act) breached his Article 10 rights under the European Convention on Human Rights. The case introduced the concept of the ‘margin of appreciation’ accorded to states as regards the implementation of convention rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
General Principles Of Law ◽  
Relationship Of ◽  
The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

7. Europe

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Regional Organizations ◽  
The World ◽  
Relevant Work

This chapter examines the regional organizations with jurisdiction over human rights in Europe, focusing on the Council of Europe, and describes relevant work of the European Union and the Organization for Security and Cooperation in Europe. It highlights the success of the Council of Europe in developing a system which ensures the protection of basic human rights through a judicial mechanism, and concludes that the European Convention on Human Rights has matured into the most sophisticated and effective human rights treaty in the world.

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