Coverart for item
The Resource The limits of fundamental rights protection by the EU : the scope for the development of positive obligations, Malu Beijer, (electronic resource)

The limits of fundamental rights protection by the EU : the scope for the development of positive obligations, Malu Beijer, (electronic resource)

Label
The limits of fundamental rights protection by the EU : the scope for the development of positive obligations
Title
The limits of fundamental rights protection by the EU
Title remainder
the scope for the development of positive obligations
Statement of responsibility
Malu Beijer
Creator
Subject
Language
eng
Summary
The concept of positive obligations is familiar to various legal systems which seek to protect fundamental rights. This concept means that states are required to take active measures to protect fundamental rights, such as, for example, adopting a general legal framework to regulate same-sex relationships in order to ensure protection of the right to private life. In Europe, positive obligations have, in particular, been developed in the case-law of the European Court of Human Rights (ECtHR) from the 1970s onwards. The ECtHR has explained that positive obligations are necessary to ensure that fundamental rights are of practical value and effective for everyone. The ECtHR is not the only supranational court in Europe that protects fundamental rights. The Court of Justice of the European Union (ECJ) also protects fundamental rights within the scope of EU law. So far, no concept of positive obligations has been developed by this Court, and the question has been asked whether such a development can indeed occur under EU law. After all, the EU is a rather special international organisation which has specific, mainly economic, interests to protect. It is also unclear whether the EU has competence to undertake regulatory action to actively protect fundamental rights Based on the insights obtained from the development of positive obligations by the ECtHR, this volume analyses whether and how positive obligations could be incorporated into EU law. The relevant provisions laid down in the EU Treaties and the EU Charter, the case-law of the ECJ and the specificities of the EU system are studied to find out where there is scope for recognition of the concept of positive obligations under EU law, and what limitations would apply to this.--
Member of
Assigning source
Provided by publisher
Cataloging source
UkCbUP
http://library.link/vocab/creatorName
Beijer, Malu
Index
index present
Literary form
non fiction
Nature of contents
dictionaries
Series statement
  • School of Human Rights Research series
  • Cambridge Social Sciences eBooks
Series volume
volume 79
http://library.link/vocab/subjectName
  • Obligations (Law)
  • Human rights
Label
The limits of fundamental rights protection by the EU : the scope for the development of positive obligations, Malu Beijer, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://www.cambridge.org/core/product/identifier/9781780684727/type/BOOK
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
CR9781780684727
Dimensions
unknown
Extent
1 online resource (xxvi, 340 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781780684550
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)1055681449
Label
The limits of fundamental rights protection by the EU : the scope for the development of positive obligations, Malu Beijer, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://www.cambridge.org/core/product/identifier/9781780684727/type/BOOK
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
CR9781780684727
Dimensions
unknown
Extent
1 online resource (xxvi, 340 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781780684550
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)1055681449

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