Fundamental Rights in Private Law: Anchors or Goals in a Globalizing Legal Order?

2013 ◽  
Author(s):  
Siewert Lindenbergh
Keyword(s):  
Legal Order ◽  
Fundamental Rights ◽  
Private Law

scholarly journals Restrictions of Fundamental Rights in Private Law Relations in the Special Legal Order, with Exceptional Regard to the Specific Circumstances Caused by the Epidemic

2020 ◽  
Vol 1 (2) ◽  
pp. 59-86
Author(s):  
Tatjana Josipović
Keyword(s):  
Public Health ◽  
Legal Order ◽  
Fundamental Rights ◽  
Private Law ◽  
The Public ◽  
Health Measures ◽  
Intervention Measures ◽  
The Impact

In this text, the author analyses the intervention measures within the realm of private law relations that were aimed at alleviating or possibly also eliminating the consequences of the serious epidemic.  The author presents and analyses the measures introduced in Croatian law to protect private law entities in their private law relations affected by the consequences of the pandemic and the public health measures. The author’s focus is on the impact of these measures on the protection and restriction of fundamental rights in private law relations to establish whether they met all the necessary requirements when allowing for such restrictions of fundamental rights in private law relations. The aim of this paper is to consider the criteria for the assessment and proportionality of these measures which in private law relations restrict people’s fundamental rights while being imposed to protect people’s health in a serious epidemic.

A Cosmopolitan Legal Order

2018 ◽  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan
Keyword(s):  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Theory ◽  
Nation State ◽  
Public Officials ◽  
Rights Protection ◽  
Perpetual Peace ◽  
The World ◽  
European System ◽  
Constitutional Justice

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

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

Global Jurist ◽  
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.

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.

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

Judgment No. 238 – 2014 (IT. Const. Ct.)

2015 ◽  
Vol 54 (3) ◽  
pp. 471-506
Author(s):  
Alessandro Chechi
Keyword(s):  
The State ◽  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
State Immunity ◽  
Court Of Justice ◽  
International Court ◽  
Constitutional Legitimacy

On October 22, 2014, the Italian Constitutional Court rendered a decision on the constitutional legitimacy of certain domestic norms that required Italy’s compliance with the rule on state immunity sanctioned by the International Court of Justice (ICJ) with the Judgment Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). The Constitutional Court declared that the international customary obligations on state immunity from jurisdiction can be applied automatically within the Italian legal order only as long as they are in conformity with the fundamental rights contained in the Constitution.

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