Search for dissertations about: "margin of appreciation"

Found 2 swedish dissertations containing the words margin of appreciation.

  2. 1. 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. 2. 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