Research Handbook on EU Law and Human Rights

Edited by Sionaidh Douglas-Scott, Department of Law, Queen Mary University of London and Nicholas Hatzis, School of Law, University of Nottingham, UK

The Research Handbook on EU Law and Human Rights provides one of the most comprehensive contemporary analyses of the Union's law and policy in the field of human rights and marks an important and original contribution on the subject. Gathering contributions from top experts in the field, it combines breadth and depth and offers critical insights from diverse perspectives. The book critiques fundamental rights narratives and assesses the current law in many areas. Combining transversal and thematic approaches, this is European law discourse at its best.' --Takis Tridimas, King's College London, UKDoes the protection of human rights go too far, or not far enough? How should we decide? This book of essays by distinguished judges, academics and practitioners explains the problems and offers a kaleidoscope of interesting criticisms and new ideas. It shows the range and complexity of the ethical, political and legal issues that we need to think about and discuss. There are no easy answers.' --Sir David Edward, University of Edinburgh, UK and former Judge of the European Court of Justice'The Research Handbook provides a fantastic foundation for EU human rights research. All of the chapters are well researched and provide thorough coverage of the seminal cases and structural and philosophical issues concerning human rights in the EU. Whether you are new to the field and looking to get a lay of the land or an expert looking for current trends in scholarship, I highly recommend it.'--International Journal of Legal Information

• Contents:PART I: THE FRAMEWORK1. Fundamental rights as a political myth of the EU: can the myth survive?Stijn Smismans2. The pluralism of European fundamental rights lawKaarlo Tuori3. The Charter of Fundamental Rights and the EU’s ‘creeping’ competences: does the Charter have a centrifugal effect for fundamental rights in the EU?Sybe A. de Vries4. The right to move and reside: disentangling the dual dynamics of fundamental rights in EU citizenship lawNiam Nic Shuibhne5. Administrative law and fundamental rightsAlexander H. Türk6. EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European UnionAlison L. Young7. Remedies under the EU Charter of Fundamental RightsAngela Ward8. EU fundamental rights in a devolved United KingdomAidan O’NeillPART II: BEYOND THE EUROPEAN UNION9. Fundamental rights in the European Court of Justice and the European Court of Human RightsMarta Cartabia and Stefania Ninatti10. The EU before the European Court of Human Rights after accessionTobias Lock11. Respect for human rights as a general objective of the EU’s external actionAnnabel Egan and Laurent Pech12. Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international lawKatja S. ZieglerPART III: EU ACTION AND NEW DIRECTIONS IN FUNDAMENTAL RIGHTS 13. Fundamental rights and fundamental values in the old and new EuropeMichal Bobek14. Weak right, strong Court - The freedom to conduct business and the EU Charter of Fundamental RightsXavier Groussot15. Fundamental rights in the application of competition law in the EU Vincent Smith16. The internal market and fundamental rightsStephen Weatherill17. Data protection, privacy and the foreignerElspeth Guild18. Digital freedom of expression in the EULorna Woods19. EU fundamental rights and the European Arrest WarrantMassimo Fichera20. Immigration, asylum and human rights in the European UnionSteve Peers 21. EU human rights law and environmental protection: the beginning of a beautiful friendship?Sanja Bogojević22. EU fundamental rights and the financial crisisJames Fraczyk23. EU law and social rightsSionaidh Douglas-Scott and Nicholas HatzisIndex