You are looking at 1 - 8 of 8 items

  • Author or Editor: Sionaidh Douglas-Scott x
Clear All Modify Search
You do not have access to this content

Sionaidh Douglas-Scott

It is possible to detect (at least) three distinct narratives at work in the arena of EU human rights law, each surveying the development of that law over the period of the EEC/EU’s existence. First, we might look at the development of EU human rights law through a narrative of progress, of the evolution of the EU in an affirmative, moral direction, complementing its economic focus. Conversely, a second approach, the reverse of this progress narrative, critiques it, and instead identifies the EU as in fact instrumentalizing human rights as tools for economic integration. A third narrative, more subtle, complex and nuanced, attempts to situate EU human rights more effectively within their context and history, arguing greater insights can be found in this way. This narrative approach to EU human rights law follows the turn to history in international law, and considers what is to be gained from interpreting the history of EU human rights law in terms of these three different narratives: what are the advantages, and what the defects, of each?

You do not have access to this content

Sionaidh Douglas-Scott

This chapter argues that sovereignty is in a sense preliminary to justice. For taking control over a territory asserts a control over its inhabitants and jurisdiction to govern matters within it. In this way, matters highly pertinent to justice - rights, obligations, distributions of wealth, membership of that very society itself - may be determined by the body deemed sovereign, and alternative approaches rejected. It is therefore crucial that that the actor asserting the sovereignty to do these things understands what it means by this term. This is precisely what has gone wrong with Brexit. The UK is set to leave the EU - an action that will have a very profound impact on many parties, causing great injustice. In this chapter I explore why those arguing for Brexit on the basis of sovereignty misunderstood this concept, and why it forms an inadequate platform to justify breaking away from the EU. In this sense, the issues of sovereignty and justice cannot be separated.

You do not have access to this content

Sionaidh Douglas-Scott

This chapter pursues the contested nature of the EU in the context of EU human rights law, focusing in particular on some case law of the European Court of Justice (CJEU). My conclusion is that the subject of EU human rights law is under-analysed and often ignored by the CJEU. It investigates how the subjects and objects of EU human rights law can be understood, given the problematic contested identities of both human rights themselves and the very nature of the EU itself. Keywords: EU Integration; EU Human Rights; Autonomy of EU law; Internal Market; Subjects and persons

This content is available to you

Edited by Sionaidh Douglas-Scott and Nicholas Hatzis

This content is available to you

Edited by Sionaidh Douglas-Scott and Nicholas Hatzis

This content is available to you

Sionaidh Douglas-Scott and Nicholas Hatzis

You do not have access to this content

Sionaidh Douglas-Scott and Nicholas Hatzis

You do not have access to this content

Edited by Sionaidh Douglas-Scott and Nicholas Hatzis

The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.