خرید و دانلود نسخه کامل کتاب Exporting the European Convention on Human Rights – PDF

آنتونی رابینز میگه : من در 40 سالگی به جایی رسیدم که برای رسیدن بهش 82 سال زمان لازمه و این رو مدیون کتاب خواندن زیاد هستم.

• زبان فایل : انگلیسی
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As for the right to protect one’s private and family life, as enshrined in Article 8 ECHR, the CJEU provided the very first explicit reference to the ECHR in Rutili v Minister for the Interior�53 In casu, the Convention was conceived as a source of inspiration as well as a human rights standard for determining the legality and legitimacy of the acts of Member States applying EU law. Therefore, the CJEU applied the ECHR as a clear human rights standard to also interpret the ‘public policy’ exception to the free movement of workers, justifying Member States to restrict this freedom only to the extent authorised by the ECHR, that is, when it is necessary for the protection of the interests of national security or public safety ‘in a democratic society’.54 This landmark case illustrates how the CJEU has progres- sively shaped its autonomous human rights case law, inspired, though, by the ECHR and by the common constitutional traditions of EU Member States.55 The Luxembourg Court established a much broader human rights review over their actions and paved the way for a much clearer reference to the Convention’s provi- sions as a material source of EU legal order, rather than a source of inspiration.56 Nonetheless, besides the consensus in this field, conflicts and inconsistencies between the two European jurisdictions have not been sidestepped. The main preoccupation of the following section is thus to unveil the extent to which the CJEU has directly referred to ECHR norms to protect private and family life57 with regard to the most controversial fields of data protection and migration/ asylum cases.