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The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts.The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
Table des matières
Abbreviations.- Acknowledgements.- Preface; Giacomo Di Federico.- Part I The Charter of Fundamental Rights in a broader perspective.- Chapter I The Charter of Fundamental Rights and the European Res Publica; Ola Zetterquist.- Chapter II Fundamental rights in the EU: Legal pluralism and multi-level protection after the Lisbon Treaty; Giacomo Di Federico.- Chapter III The European Charter of Fundamental Rights and the courts; Valentina Bazzocchi.- Chapter IV The European Parliament and the EU Charter of Fundamental Rights; Federico Camporesi.- Chapter V Fair trial, due process and the rights of defence in the EU legal order; Marco Borraccetti.- Chapter VI EU Member States and candidate countries facing a binding Charter of Fundamental Rights: What's new?; Luisa Ficchi.- Part II The Charter of Fundamental Rights Applied.- Chapter VII Free movement of "needy" citizens after the binding Charter. Solidarity for all?; Federico Forni.- Chapter VIII Internal market derogations in the light of the newly binding character of the EU Charter of Fundamental Rights; Stephen James Curzon.- Chapter IX Article 47 of the EU Charter of Fundamental Rights and its impact on judicial cooperation in civil and commercial matters; Giangiuseppe Sanna.- Chapter X The Charter and the Area of Freedom, Security and Justice; Valentina Bazzocchi.- Chapter XI Social Rights in the European Union: the contribution of a binding EU Charter of Fundamental Rights; Serena Coppola.- Chapter XII The Charter of Fundamental Rights and the environment policy integration principle; Marco Lombardo.- Chapter XIII The EU Charter of Fundamental Rights and the social dimension of international trade; Valeria Bonavita.- Chapter XIV The European Charter of Fundamental Rights after Lisbon: a 'timid' Trojan horse in the domain of the common foreign and security policy?; Luca Paladini.- Bibliography.- Table of Cases.- Index.
Résumé
The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts.
The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.
Texte suppl.
From the reviews:
“The book edited by Giacomo di Federico … takes on a more specific approach and exclusively deals with the innovations brought about by the Charter of Fundamental Rights of the European Union. … In a nutshell, this book offers an excellent first assessment of the present status of the Charter and of possible future developments in a crucial domain of EU law, both in terms of legislative action and judicial practice.” (Paul Gragl, European Yearbook of Human Rights, 2011)
Commentaire
From the reviews:
"The book edited by Giacomo di Federico ... takes on a more specific approach and exclusively deals with the innovations brought about by the Charter of Fundamental Rights of the European Union. ... In a nutshell, this book offers an excellent first assessment of the present status of the Charter and of possible future developments in a crucial domain of EU law, both in terms of legislative action and judicial practice." (Paul Gragl, European Yearbook of Human Rights, 2011)
