The Governance of EU Fundamental Rights

Cover
Half-title page
Series page
Title page
Copyright page
Contents
List of Tables
Series Editors’ Preface
Acknowledgements
Introduction
	1 Still an Ever Closer Union in Need of a Fundamental Rights Policy?
	2 Governance in the European Union
	3 Governance as a Fundamental Rights Concept
	4 What Are EU Fundamental Rights for?
	5 Which Institutions?
	6 Two Case Studies
	7 The Book’s Approach
1 Critiquing and Theorising the Governance of EU Fundamental Rights
	1.1 Conceptualising and Justifying EU Fundamental Rights
	1.2 EU Human Rights Scepticism
		1.2.1 The Counter-Majoritarian Difficulty
		1.2.2 The Communitarian Critique – Individualising EU Citizenship
		1.2.3 The Empirical Critique – What Do EU Rights Add?
	1.3 A Procedural Approach to Transnational Human Rights Protection?
		1.3.1 Ely: Democracy and Distrust
		1.3.2 Habermas: The ‘Internal Relation’ between the Rule of Law and Democracy
		1.3.3 Proceduralism in European Human Rights Law
	1.4 Fundamental Rights and Political Disagreement
		1.4.1 The Normative Value of Disagreement
		1.4.2 The Collective Enforcement of Fundamental Rights
	1.5 Conclusion
2 The Court of Justice in the Governance of EU Fundamental Rights
	2.1 Introduction
	2.2 The Margin of Appreciation under the ECHR
	2.3 Does the Court of Justice Exercise a Margin of Appreciation? The Vertical Dimension
		2.3.1 The Scope of EU Fundamental Rights
		2.3.2 Limitations on Charter Rights and the Diversity Variable
		2.3.3 The Nature of Rights Variable
		2.3.4 The Procedural Variable
		2.3.5 Level(s) of Protection
	2.4 Does the Court of Justice Exercise a Margin of Appreciation? The Horizontal Dimension
		2.4.1 The Nature of Rights Variable
		2.4.2 The Procedural Variable
	2.5 Balancing Different Margins of Appreciation in EU Fundamental Rights
		2.5.1 Scope: From a Binary Distinction to a ‘Sliding Scale’?
		2.5.2 The Standard of Review: Towards a Real ‘Process-Oriented’ Approach?
	2.6 Conclusion
3 Fundamental Rights and the Political Institutions
	3.1 Dividing Labour in EU Fundamental Rights
	3.2 The European Commission
		3.2.1 Impact Assessment and Establishing a ‘Fundamental Rights Culture’
		3.2.2 Fundamental Rights in Decision-Making
		3.2.3 The Guardian of the Treaties (and the Charter Too?)
		3.2.4 Post-Legislative Action and Awareness Raising
	3.3 The European Parliament
		3.3.1 Politicising EU Fundamental Rights
		3.3.2 Rights Reporting and the Role of the LIBE Committee
		3.3.3 Fundamental Rights in the Ordinary Legislative Procedure
	3.4 The Council
		3.4.1 Making Council Proposals ‘Fundamental Rights Proof’
		3.4.2 Peer Review and the Scope of EU Fundamental Rights
		3.4.3 Frontex and Agency Governance
	3.5 Watchdog Institutions
		3.5.1 The European Ombudsman as a Fundamental Rights Actor
		3.5.2 The CJEU and the Ombudsman: Working Together to Police Executive Authority?
		3.5.3 Fundamental Rights in the Political Process
	3.6 Implementing Institutions
		3.6.1 Implementing ‘Dynamic’ Rights: The Article 29 Working Party
		3.6.2 The EU’s Fundamental Rights Agency: The Road Not Taken?
	3.7 The EU Institutions and the Standard of FR Protection: Tracing Two Legislative Proposals
		3.7.1 Data Protection and PNR: The Legislative Context
		3.7.2 Improving the Standard? Legislative Interaction on Fundamental Rights
	3.8 Conclusion
4 Governing Justice and the Rule of Law
	4.1 Justifying EU Rule of Law Oversight
	4.2 The European Rule of Law in Crisis – Early Warnings
	4.3 The European Rule of Law in Crisis – Hungary
		4.3.1 Autonomy
		4.3.2 Electoral Competition
		4.3.3 Freedom of Expression and the Media
	4.4 The European Rule of Law in Crisis – Romania
	4.5 The Future of EU Intervention on Democracy and the Rule of Law
		4.5.1 ‘New’ Governance and the Quantification of Democracy and the Rule of Law
		4.5.2 Command and Control Revisited: The Idea of a ‘Copenhagen Commission’
		4.5.3 ‘Reverse Solange’ and the Judicialisation of an EU Rule of Law
	4.6 The Rule of Law from a Governance Perspective
		4.6.1 Differentiation
		4.6.2 Multilevel Action
		4.6.3 Governing between Law and Politics
		4.6.4 Governing Not Government: The Dispersal of Normative Authority
	4.7 Conclusion – Poland and Beyond
5 Governing Fundamental Social Rights
	5.1 What Are EU Social Rights and Why Might We Need Them?
	5.2 Social Rights in the Age of Austerity
		5.2.1 Greece
		5.2.2 Portugal
		5.2.3 Ireland
		5.2.4 Common Elements
	5.3 The Role of the EU Institutions: How Responsible and How Accountable?
		5.3.1 Allocating Responsibility
		5.3.2 The European Committee on Social Rights: Evaluating Conditionality’s Social Effects
	5.4 Four Duties in the Governance of EU Social Rights
		5.4.1 Assessing Social Impacts
		5.4.2 Politicising Europe’s Economic and Monetary Union
		5.4.3 Dividing Social Rights Responsibilities
		5.4.4 Empowering the Vulnerable
	5.5 Conclusion
Epilogue: Accession, Asylum and the Politics of Human Rights
Index