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Karin Lukas

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Giuseppe Palmisano

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Manfred Nowak

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Karin Lukas

The methodology applied in this Commentary consists of the analysis of primary and secondary sources. The ESC in its revised form of 1996 as well as the conclusions on state reports, the decisions on collective complaints, and the interpretative statements of the Committee are the main sources of information. Moreover, the following primary sources are relevant: the ICESCR, the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights as well as other relevant EU legislation; jurisprudence of the ECtHR and the Court of Justice of the European Union (CJEU); selected General Comments of the UN Committee on Economic, Social and Cultural Rights (CESCR); reports by selected UN Special Rapporteurs and Independent Experts. These documents provide insight into specific questions of Charter implementation, such as progressive realisation, interaction with standards of EU law, etc. They are also important sources of interpretation and reference points for the ECSR. The Committee’s interpretation of Charter rights is thus connected to relevant international and European standards which are referenced in a concise form in view of each Charter right in Parts II and III of the Commentary. In terms of secondary sources, relevant academic literature regarding questions of ESCR implementation as well as the case law of the Committee has been analysed. The author refers mainly to the Committee’s interpretation of the Charter which is expressed in its statements of interpretation, conclusions and decisions.

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The Revised European Social Charter

An Article by Article Commentary

Karin Lukas

This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).
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Karin Lukas

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The Euro Crisis and Constitutional Pluralism

Financial Stability but Constitutional Inequality

Tomi Tuominen

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.
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Tomi Tuominen

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Edited by Henning Hartwig

Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.
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Brexit

Legal and Economic Aspects of a Political Divorce

Edited by Jörn A. Kämmerer and Hans -B. Schäfer

This timely book presents international and interdisciplinary perspectives on the dynamics, trajectories and consequences of Brexit. Focusing on the interaction of legal and economic issues, it evaluates the relevance of non-economic expectations and ‘red lines’ involved in the process of the UK’s exit from the EU.