European University Institute Library

Monitoring Fundamental Rights in the EU, The Contribution of the Fundamental Rights Agency, edited by Philip Alston and Olivier De Schutter

eng

Monitoring Fundamental Rights in the EU

electronic resource

dictionaries

1088495475

edited by Philip Alston and Olivier De Schutter

ProQuest Ebook Central

The Contribution of the Fundamental Rights Agency

Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted

Half Title Page; Title Page; Title verso; Contents; Introduction; Part I: The Constitutional Background; 1. New Modes of Governance and the Protection of Human Rights; I. INTRODUCTION; II. WHAT IS MEANT BY NEW MODES OF GOVERNANCE?; III. THE RISE OF AGENCIES AS AN ASPECT OF NEW GOVERNANCE IN THE EU; IV. HUMAN RIGHTS PROTECTION AND NEW MODES OF GOVERNANCE: AN UNLIKELY COUPLING?; V. A SUPPLEMENTARY ROLE FOR NEW GOVERNANCE FORMS; VI. ASSESSING THE DECISION TO ESTABLISH AN EU FUNDAMENTAL RIGHTS AGENCY; 2. Mainstreaming Human Rights in the European Union; I. THE GENERAL FRAMEWORKII. THE CONCEPT OF MAINSTREAMING FUNDAMENTAL RIGHTSIII. MAINSTREAMING FUNDAMENTAL RIGHTS: IMPACT ASSESSMENTS; IV. MAINSTREAMING FUNDAMENTAL RIGHTS: ACTION PLANS; V. THE ROLE OF THE AGENCY IN MAINSTREAMING FUNDAMENTAL RIGHTS IN THE UNION; 3. The Relationship between the Agency and the Network of Independent Experts; I. THE COMMUNICATION FROM THE COMMISSION; II. EXPERIENCES FROM HUMAN RIGHTS TREATY MONITORING; III. THE EU NETWORK OF INDEPENDENT EXPERTS AS A MONITORING BODY; IV. OUTLINE OF RESPECTIVE SPHERES OF COMPETENCE OF THE AGENCY AND THE NETWORKV. OPTIONS AS REGARDS INSTITUTIONAL LINKS BETWEEN THE AGENCY AND THE NETWORK4. The Agency and National Institutions for the Promotion and Protection of Human Rights; I. INTRODUCTION; II. FUNCTIONS OF NATIONAL INSTITUTIONS; III. THE AGENCY AS A NATIONAL INSTITUTION OF THE EU?; IV. CO-OPERATION BETWEEN THE AGENCY AND NATIONAL HUMAN RIGHTS INSTITUTIONS; V. CONCLUSION; Part II: The Tasks Ahead; 5. The Contribution of the EU Fundamental Rights Agency to Civil and Political Rights; I. INTRODUCTION; II. DEFINING THE RIGHTS TO BE PROTECTED; III. SCOPE OF THE RIGHTS PROTECTED BY THE AGENCYIV. POWERS OF THE AGENCYV. CONCLUSION; 6. The Contribution of the EU Fundamental Rights Agency to Combating Discrimination and Promoting Equality; I. INTRODUCTION; II. INSPIRATION FROM NATIONAL INSTITUTIONS?; III. THE EXPERIENCE OF THE UNITED KINGDOM IN THE ESTABLISHMENT OF EQUALITY AND HUMAN RIGHTS BODIES; IV. LESSONS FROM THE UNITED KINGDOM EXPERIENCE; V. CONCLUSION; 7. The Contribution of the EU Fundamental Rights Agency to the Realization of Economic and Social Rights; INTRODUCTION; 1. THE INCLUSION OF ECONOMIC AND SOCIAL RIGHTS WITHIN THE AGENCY'S MANDATE2. DEFINING ECONOMIC AND SOCIAL RIGHTS FOR THE AGENCY'S PURPOSES3. THE ROLE OF ECONOMIC AND SOCIAL RIGHTS IN THE EU CONTEXT; 4. THE PLACE OF ECONOMIC AND SOCIAL RIGHTS IN THE EU CHARTER; 5. THE JUSTICIABILITY OF THE ECONOMIC AND SOCIAL RIGHTS CONTAINED IN THE EU CHARTER; 6. THE RELEVANCE OF OTHER INTERNATIONAL INSTRUMENTS RECOGNIZING ECONOMIC AND SOCIAL RIGHTS; 7. CONCEPTUALIZING THE ROLE OF THE FRA; 8. THE AGENCY'S ROLE IN RELATION TO NON-REGRESSION; 9. THE 'MONITORING' FUNCTION; 10. LESSONS LEARNED FROM OTHER INTERNATIONAL ENDEAVOURS TO MONITOR SOCIAL RIGHTS11. DRAWING CONCLUSIONS AS TO THE PLACE OF ECONOMIC AND SOCIAL RIGHTS IN THE FRA'S WORK