Wort zur Suche eingeben
guiding factor
Bibliothek
The ECHR has been used as a guiding factor for establishing the level of protection and it has become particularly relevant where there has been ambiguity either in the constitutional text or in the facts of a specific case.
law
в качестве ориентира
Используется как принцип или ориентир, помогающий определить подход или принять решение.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed.
