Manuel Kellerbauer, Marcus Klamert and Jonathan Tomkin (eds), The EU Treaties and the Charter of Fundamental Rights. A Commentary. Oxford University Press, Oxford, 2019. ISBN 9780198846925, clxxvi + 2 336 pp., GBP 335.00

2021 ◽  
Vol 24 (1) ◽  
pp. 448-450
Author(s):  
Ralph Janik
Keyword(s):  
Fundamental Rights ◽  
Oxford University ◽  
Charter Of Fundamental Rights ◽  
The Eu ◽  
Oxford University Press

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.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

Article 51 of the EU Charter of Fundamental Rights from the Perspective of the National Judge

2021 ◽  
Vol 13 (4) ◽  
pp. 53-85
Author(s):  
Petr Mádr
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
National Courts ◽  
Track Record ◽  
Court Of Justice ◽  
Relevant Case ◽  
Charter Of Fundamental Rights ◽  
Scope Of Application ◽  
The Eu ◽  
Academic Debate

This article contributes to the growing scholarship on the national application of the EU Charter of Fundamental Rights ('the Charter') by assessing what challenges national courts face when dealing with Article 51 of the Charter, which sets out the Charter's material scope of application. In keeping with this aim, the relevant case law of the Court of Justice of the EU (CJEU) – with its general formulas, abstract guidance and implementation categories – is discussed strictly from the perspective of the national judge. The article then presents the findings of a thorough study of the case law of the Czech Supreme Administrative Court (SAC) and evaluates this Court's track record when assessing the Charter's applicability. National empirical data of that kind can provide valuable input into the CJEU-centred academic debate on the Charter's scope of application.

The EU Treaties and the Charter of Fundamental Rights

2019 ◽  
Keyword(s):  
Current Practice ◽  
Case Law ◽  
Fundamental Rights ◽  
Legal Service ◽  
Eu Law ◽  
Charter Of Fundamental Rights ◽  
Rights Offering ◽  
Law And Legislation ◽  
Fast Access ◽  
The Eu

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Interview with Gilles de Kerchove

2021 ◽  
pp. 1-22
Keyword(s):  
Federal Government ◽  
Prime Minister ◽  
Active Role ◽  
Fundamental Rights ◽  
European Law ◽  
Saint Louis ◽  
Deputy Prime Minister ◽  
Charter Of Fundamental Rights ◽  
General Secretariat ◽  
The Eu

Gilles de Kerchove was appointed European Union (EU) Counter-Terrorism Coordinator (EU CTC) on 19 September 2007. In this function, he coordinates the work of the EU in the field of counterterrorism (CT), maintains an overview of all the instruments at the Union's disposal, closely monitors the implementation of the EU CT strategy and fosters better communication between the EU and third countries to ensure that the Union plays an active role in the fight against terrorism. He was previously Director for Justice and Home Affairs at the EU Council General Secretariat (1995–2007) and Deputy Secretary of the Convention which drafted the Charter of fundamental rights of the EU (1999–2000). Before that he was Head of the Private Office of the Deputy Prime-Minister of the Federal Government of Belgium, Minister of Justice and Minister of Economic Affairs (1993–1995) and Head of the Private Office of the Deputy Prime-Minister of the Federal Government of Belgium, Minister of Justice and Minister of SMEs (1989–1992). Mr de Kerchove is a Professor of European Law at the Université Catholique de Louvain, at the Université Libre de Bruxelles and at the Université Saint Louis-Bruxelles. He has published a number of books and numerous articles on European law, human rights, security and CT.

The Rebirth of the EU’s Charter of Fundamental Rights

2011 ◽  
Vol 13 ◽  
pp. 283-309
Author(s):  
Steve Peers
Keyword(s):  
Human Rights ◽  
Active Role ◽  
Legal Order ◽  
Fundamental Rights ◽  
Treaty Of Lisbon ◽  
Court Of Justice ◽  
Legal Effect ◽  
Charter Of Fundamental Rights ◽  
The Eu

AbstractSince the conferral of binding legal effect on the EU’s Charter of Fundamental Rights with the entry into force of the Treaty of Lisbon, the Court of Justice has taken an active role in developing the Charter as the leading source of human rights rules in the EU legal order. While the Court has begun to clarify some important points relating to the Charter, a number of significant issues still need to be addressed.

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