The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.
Table Of Contents
Introduction
Sybe deVries, Ulf Bernitz and Stephen Weatherill
Part I: Safeguarding Fundamental Rights in Europe's Internal Market
1. From Economic Rights to Fundamental Rights
Stephen Weatherill
2. The Protection of Fundamental Social Rights in Europe after Lisbon: A Question of Conflicts of Interests
Catherine Barnard
3. The Protection of Fundamental Rights within Europe's Internal Market after Lisbon – An Endeavour for More Harmony
Sybe A de Vries
Part II: The Scope of Fundamental Rights in EU Law
4. The Reach of Fundamental Rights on Member State Action after Lisbon
Xavier Groussot, Laurent Pech and Gunnar Thor Petursson
5. An End to the Possibilities – on Horizontal Liability in Laval and the Limits of Judicial Rights Protection
Martin Mörk
6. Horizontal Effects of Private Rights Vested by Union Law on Damages to be Paid by another private Party: The Laval Case as Model
Ulf Bernitz
Part III: The Constitutional Dimension of Fundamental Rights
7. The Court of Justice of the European Union and the European Court of Human Rights after Lisbon
Sionaidh Douglas-Scott
The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.