Search for dissertations about: "EU Fundamental Rights"

Showing result 1 - 5 of 12 swedish dissertations containing the words EU Fundamental Rights.

  1. 1. EU Fundamental Rights and National Democracies : Complementary or Contradictory?

    Author : Eduardo Gill-Pedro; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; EU law; EU Fundamental Rights; Human rights; Democracy; Court of Justice of the EU; Legitimacy; Constitutionalism; Legal theory; EU rätt; EU grundläggande rättigheter; mänskliga rättigheter; demokrati; EU-domstolen; legitimitet; konstitutionalism; rättsteori;

    Abstract : The question asked in this thesis is: what is the impact on the democratic legitimacy of the legal orders of the member states of the EU, where the meaning of EU fundamental rights is determined by the Court of Justice of the EU. It begins by developing a theoretical framework which reconstructs the deep structure of the law of the member states, in order to understand the ground of legitimacy for national law. READ MORE

  2. 2. The ECJ's Adjudication of Fundamental Rights Conflicts : In Search of a Fair Balance

    Author : Lars Karlander; Thomas Bull; Tuomas Ojanen; Uppsala universitet; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; Fundamental rights; Rights conflicts; Constitutional EU law; ECJ; CJEU; Adjudication; Proportionality; Balancing; Konstitutionell rätt; Constitutional Law;

    Abstract : This dissertation examines how the European Court of Justice (ECJ) adjudicates conflicts between fundamental rights. It has the two-fold purpose of surveying and analysing the Court’s case law to identify the methods currently being employed, and to make suggestions on how the methodology can be improved. READ MORE

  3. 3. The Proportionality Principle as a Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms

    Author : Gunnar Thor Pétursson; Juridiska institutionen; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; EU Charter of Fundamental Rights; fundamental rights; deep national interests; disintegration; balancing theories; proportionality principle; balancing; margin of appreciation; judicial review; deference; Article 4 2 TEU; EU law; EU-rätt; processrätt; procedural law;

    Abstract : This thesis analyses the operations of the principle of proportionality when the Court of Justice reviews national measures that restrict the fundamental freedoms laid down in the EU Treaties. That judicial review often entails balancing of rights, and this study is a quest for coherence in the adjudication of different, and at times perplexing legal norms, of various national and international origins Many have held that the principle of proportionality is applied in EU law as a tool for integration. READ MORE

  4. 4. EU Law and Religion : A Study of How the Court of Justice has Adjudicated on Religious Matters in Union Law

    Author : Emma Ahlm; Petra Herzfeld-Olsson; Joel Samuelsson; Lucy Vickers; Uppsala universitet; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; European law; EU law; law and religion; non-discrimination law; fundamental rights; religious equality; freedom of religion; state-church relations; Europarätt; European Integration Law;

    Abstract : This study has caught a legal development in the making. The Court of Justice has, over the last ten years, developed a body of case law relating to religious matters in connection to EU law which spans a wide range of subject areas; non-discrimination law, data protection, state aid, animal welfare and slaughter rules. READ MORE

  5. 5. Dawn Raids under Challenge : A Study of the European Commission’s Dawn Raid Practices in Competition Cases from a Fundamental Rights Perspective

    Author : Helene Andersson; Ulf Bernitz; Ingeborg Simonsson; Caroline Heide-Jörgensen; Stockholms universitet; []
    Keywords : SAMHÄLLSVETENSKAP; SOCIAL SCIENCES; cartels; competition law; dawn raids; EU law; fundamental rights; europeisk integrationsrätt; European Law;

    Abstract : This doctoral dissertation examines the European Commission’s dawn raid practices in competition cases from a fundamental rights perspective. In recent years the Commission has adopted a new and more aggressive enforcement policy, which reflects the widespread understanding that cartels and abuse of market power are harmful to the economy and should be punished. READ MORE