Twój koszyk : Do zapłaty 0,00 zł Ilość w koszyku: 0

Strona główna » prawo » Prawo międzynarodowe i UE

Expansion of the European Union and advancement of the process of European integration has necessitated strengthening of the protection of fundamental rights in the EU. Enactment of the Charter of Fundamental Rights of the EU has became a milestone on this path. Provisions included in the Constitutional Treaty were important elements, adopted later by the Treaty of Lisbon.

Contents
Authors Abbreviations Introduction (Jan Barcz)
I. Political and legal conditions
II. Starting point - provsions of the TEU and TFEU
III. The Charter of Fundamental Rights in the course of discussion
concerning ratification of the Lisbon Treaty
IV. The structure of the research project and main research issues
Appendices
Part I. The Charter of Fundamental Rights. Significance
for the Protection of Individual Rights in the EU
Chapter I. Introduction: limits of power and limits of interpretation
(Mirosław Wyrzykowski)
§ 1. The parliamentary mandate
§ 2. Typology of argumentation which justifies negation of Charter's
provisions and Polish accession to Protocol No. 7 on Application
of the Charter to Poland
§ 3. The attempt to explain the essence and function of the Polish-British
Protocol in the light of Declaration No. 62
§ 4. Arguments against the Charter in the light of the Constitution
of RP
Chapter II. Charter of Fundamental Rights: structure, scope
of regulation and present practical meaning (Filip Jasiński)
§ 5. Opening remarks
§ 6. The course of works on the concept and contents of the CFR
I. The beginnings
II. First tests of cataloguing of the fundamental rights
III. Effects of works of the I European Convention
IV. From the Constitutional Treaty of the Lisbon Treaty
§ 7. Structure and scope of regulation of CFR
I. Addressees of CFR
II. Relation of CFR with ECHR in the light of
Article 52.3 of CFR
III. Specific category: modern rights
§ 8. Practical meaning of CFR
I. Legislative and interpretative importance
II. Diplomatic and institutional significance
Contents
§ 9. Conclusions
Chapter III. The Charter of Fundamental Rights: determinants
of Protective Standards (Cezary Mik)
§ 10. Introduction
§ 11. The Charter of Fundamental Rights of the EU of 2007 - general
remarks
§ 12. Normative forms of fundamental rights
I. Introductory remarks
II. Rights, freedoms and principles - the significance
of categorization
III. The normative structure of rights
IV. The normative structure of principles
§ 13. The ChFR's fundamental rights v fundamental rights as general
principles of law
§ 14. Principles of enjoyment of fundamental rights and their
protection
I. Enjoyment of fundamental rights
II. Rules concerning the Protection of Fundamental Rights
§ 15. Obligations for Poland inferred from the ChFR in the light
of protective standards determinants
Chapter IV. Incorporation of the Charter of Fundamental Rights
into the EU Law: status of the charter, scope of its binding force
and application, interpretation problems and the Polish position
(Anna Wyrozumska)
§ 16. The status of the Charter of Fundamental Rights in the EU law
§ 17. The scope of application of the Charter of Fundamental
Rights
§ 18. Protocol on the Application of the Charter of Fundamental Rights
of the European Union to Poland and the United Kingdom
§ 19. Polish declarations on the Charter of Fundamental Rights
and the Polish-British Protocol
§ 20. The Czech Declaration
§ 21. Reasons of binding Poland with the Protocol on application
of the Charter and some of its further consequences
I. Morality and decency problems
II. Social standards
III. Property claims connected with the Second World War
§ 22. Conclusions
Chapter V. Provisions of the Charter of Fundamental Rights
in the light of the 1997 Constitution of RP and international
agreements which are binding upon Poland (Roman Wieruszewski)
§ 23. Introduction
§ 24. Title I of the Charter - Dignity
I. Dignity
II. Right to life
Contents
III. Right to integrity of a person
IV. Prohibition of torture, and inhuman or degrading treatment
or punishment
V. Prohibition of slavery and forced labour
§ 25. Title II of the Charter - Freedoms
I. Right to liberty and security
II. Right for private and family life
III. Protection of personal data
IV. Right to marry and right to found a family
V. Freedom of thought, conscience and religion
VI. Freedom of expression and information
VII. Freedom of assembly and of association
VIII. Freedom of the arts and sciences
IX. Right to education
X. Freedom to choose an occupation and right to engage
in work
XI. Freedom to conduct a business
XII. Right to property
XIII. Right to asylum
XIV. Protection in the event of removal,
expulsion or extradition
§ 26. Title III of the Charter - Equality
I. Equality before the law
II. Non-discrimination
III. Cultural, religious and linguistic diversity
IV. Equality between women and men
V. The rights of the child
VI. The rights of the elderly
VII. Integration of persons with disabilities
§ 27. Title IV of the Charter - Solidarity
I. Workers' rights to information and consultation within
the undertaking
II. Right to collective bargaining and actions
III. Right of access to placement services
IV. Protection in the event of unfair dismissal
V. Unfair and unjust working conditions
VI. Prohibition of child labour and protection of young people
at work
VII. Family and professional life
VIII. Social security and social assistance
IX. Health care
X. Access to services of general economic interest
XI. Environmental protection
XII. Consumer protection
§ 28. Title V of the Charter - Citizen Rights
I. Right to vote and to stand as a candidate at elections
to the European Parliament
Contents
II. Right to vote and to stand as candidate at municipal
elections
III. Right to good administration
IV. Right of access to documents
V. European Ombudsman
VI. Right to petition
VII. Freedom of movement and of residence
VIII. Diplomatic and consular protection
§ 29. Title VI of the Charter - Justice
I. Right to an effective remedy and to access to an impartial
court
II. Presumption of innocence and right to defence
III. Principles of legality and proportionality of criminal offences
and penalties
IV. Right not to be tried or punished twice in criminal
proceedings for the same criminal offence
§ 30. Title VII - General provisions
I. Field of application
II. Scope and interpretation of rights and principles
III. Level of protection
IV. Prohibition of abuse of rights
§ 31. Final remarks
Chapter VI. The Charter of Fundamental Rights: Differentiated
Legal Character of Charter's Provisions, Their Consequences
for Individuals, Courts and Legislator (Adam Bodnar)
§ 32. Introduction - outline of the EU fundamental rights protection
system
§ 33. Classification of substantial provisions of the ChFR from
the perspective of their normative character
I. General comments
II. Right and freedoms which may be directly applied
III. Rights and freedoms which refer to the European
or national law
IV. Principles ('The Union recognises and respects')
V. Programmatic and aspirational provisions ('The Union
policies should ensure')
VI. Rights connected with the Union citizenship
§ 34. Value of the ChFR for individuals, courts and the Polish
legislator
I. General comments
II. Invoking by an individual directly applicable ChFR
provisions in front of national and Community courts
III. Due regard for ChFR provisions in the course of national
law-making process
§ 35. Conclusions
Contents
Chapter VII. The EU Agency for Fundamental Rights - Limits and
Potential (Adam Łazowski)
§ 36. Introduction
§ 37. The genesis of the Agency of Fundamental Rights
§ 38. The legal framework - Regulation 168/2007/EC
I. Introduction
II. The aims and mandate of the Agency for Fundamental
Rights
III. The territorial mandate of the Agency
IV. Tasks and working methods of the Agency
§ 39. Multiannual programme for 2007-2012
§ 40. Conclusions
Part II. The Consequences of the EU Accession
to the ECHR for Strengthening of Individual's Protection
in the EU and for Strengthening
of the European Human Rights Protection System
Introduction (Andrzej Wróbel)
Chapter VIII. Significance of the ECHR Provisions for the Protection
of Fundamental Rights as General Principles of the EU law
(Cezary Mik)
§ 41. Introduction
§ 42. ECHR protection system - general features
§ 43. Evolution of correlation between fundamental rights as general
principles of law and the ECHR
§ 44. Factors determining position of the ECHR with reference
to fundamental rights as general principles of the EU law
§ 45. Scope, measures and aims of using the ECHR in the sphere
of fundamental rights protection as the general principles of law
§ 46. Conclusions
Chapter IX. Relationship Between the European Convention on Human
Rights and the Charter of Fundamental Rights After the European
Union's Accession to the Convention (Zdzisław Kędzia)
§ 47. Diagnosis of the current situation
§ 48. Complementarity of incorporation of the Charter of Fundamental
Rights into the Treaty law and the EU's accession to the ECHR
§ 49. The substantial relationship between the ChFR and the ECHR
§ 50. The relationship between the ChFR and the ECHR as sources
of law
I. National law perspective
II. The Union law perspective
III. The ECHR Perspective
§ 51. The consequences of the EU accession as an international
organization to the ECHR
§ 52. Influence of the EU's accession to the ECHR on human rights
protection in Europe
Contents
Chapter X. Accession of the EU to the ECHR - Institutional
and Legal Relationship of the European Union and the Council
of Europe (Hanna Machińska)
§ 53. Introduction
§ 54. The course of the debate on the EC/EU accession to the ECHR
§ 55. Treaty basis for the EU accession to the ECHR
§ 56. Towards coherence of human rights protection in Europe
§ 57. Institutional relations between the EC/EU with the Council
of Europe
§ 58. Final remarks
Chapter XI. The Accession oh the EU to the ECHR and Incorporation
of the Charter of Fundamental Rights into the law of the EU
in the Context of Fundamental Rights Protection Enforcement
in the Third Pillar of the EU (Anastazja Gajda)
§ 59. Individual Rights Protection in the Third Pillar of the EU
§ 60. Fundamental Rights Enforcement in the Police and Judicial
Cooperation in Criminal Matters on the basis of the Lisbon
Treaty
§ 61. The influence of the Charter of Fundamental Rights
and the EU's accession to the ECHR on Criminal Law
of the EU in the light of the Lisbon Treaty
§ 62. Conclusions
Chapter XII. Strengthening of an Individuals' Status in the EU
after the EU's Accession to the ECHR - Consequences for the
Legislator and National Courts - Practical Results
(Dagmara Kornobis-Romanowska)
§ 63. Strengthening individuals' rights protection in the Treaty
of Lisbon
§ 64. Exercising competences in the field of fundamental rights
protection in the European Union
§ 65. Effective protection of individuals' rights in the EU
I. Coherence of individuals' rights in the ECHR
and the ChFR
II. The right to an effective judicial protection
§ 66. Liability for infringement of the ECHR as the result of the EU
law application as a necessary element of fundamental
rights protection
§ 67. Conclusions
Part III. Country Reports
Chapter XIII. Country report for the Hungary (Gábor Halmai, Eszter
Polgári, Balázs D. Tóth)
§ 68. Assessment of the proposal of incorporating the Charter
of Fundamental Rights into the EU law
I. Political consensus
II. Expert debates
Contents
§ 69. Assessment of the proposal of the EU accession to the ECHR
§ 70. Main problems resulting from the incorporation of the Charter
into the EU law in the light of the national law
I. The Hungarian 'Europe Clause' and the Domestic
Constitutional Review of the EU law
II. Welfare rights
III. Nullum crimen sine lege
IV. Hate speech
V. Positive Discrimination
Chapter XIV. Country report for the Czech Republic (Zdenĕk Kűhn)
§ 71. Introduction
§ 72. Will the Charter of Fundamental Rights become part
of the Czech constitutional order?
I. The Czech constitutional order, the status of international
treaties on human rights in Czech law, and the Constitutional
Court's jurisprudence
II. Euro-Amendment of the Constitution and the Constitutional
Court's jurisprudence
III. The status of the Charter of Fundamental Rights
in Czech law
IV. The Charter as a persuasive source of Czech national
constitutional law
§ 73. The potential conflicts between the Charter and the national
constitution
I. The current position of the CCC with respect to constitutional
review of the EU law
II. Conflicts between the Charter and the national Bill
of Rights
§ 74. The EU Charter and the scholarly discourse
§ 75. Political discourse and the Charter of Fundamental Rights
§ 76. The Referral of the Reform Treaty by the Senate
to the Constitutional Court
§ 77. Conclusions: The EU Charter as a scapegoat?
Chapter XV. Country report for the Slovak Republic
(Radoslav Procházka)
§ 78. Assessment of legalization of the Charter
I. Political stances
II. Academic discourse
III. Media coverage
§ 79. Assessment of accession to the Convention
I. Public arena
II. Academic arena
§ 80. Expected difficulties
§ 81. Summary 388