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The Ethical Spirit of EU Law

Author: Markus Frischhut

Publisher: Springer

Published: 2019-03-15

Total Pages: 157

ISBN-13: 3030105822

This open access book seeks to identify the ethical spirit of European Union (EU) law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories (deontology, consequentialism, or virtue ethics)? Further, should these non-legal concepts be imported in an unaltered way (“absolute approach”), or be adapted to the legal context (“relative approach”)? This book explores the different layers of EU law (primary law, agreements, secondary law, and tertiary law), including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity.

The Ethical Spirit of EU Law

Author: Markus Frischhut

Publisher: Springer

Published: 2019-05-08

Total Pages: 157

ISBN-13: 9783030105815

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The Ethical Spirit of EU Values

Author: Markus Frischhut

Publisher: Springer Nature

Published: 2022-09-14

Total Pages: 283

ISBN-13: 3031127145

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This open access book, summarising the research conducted at this Jean Monnet Chair, seeks to identify the ethical spirit of European Union (EU) values. EU integration began at the economic level; human rights were only added at a later stage. Finally, the Lisbon Treaty turned the EU into a ‘Union of values’ by enshrining certain concepts in Art 2 TEU. This provision can be seen as a hub linked to various other provisions of EU primary and secondary law. The values contained therein have, amongst others, been applied to two areas (digitalisation and non-financial reporting, partly in sports), and further specified in others (health and partly in sports). This book analyses the evolution of values (ratione temporis) and the questions of who is entitled and who is obliged (ratione personae). Besides the external perspective (ratione limitis; e.g., Brexit), it focuses on the composition of the EU’s common values (ratione materiae). As Art 2 TEU can be viewed as a hub, it is essential to focus on various relations, not only between values, but also between values and other provisions of EU law, as well as other concepts. Based on this description of the status quo, the book subsequently addresses a possible future direction, arguing for an additional narrative (trust), an additional value (environmental protection), and a more communitarian Union. In closing, apart from the classical commitment of the EU and the Member States to uphold the values of the EU, the book discusses the level of individuals and values as virtues. Various figures and tables complement this overview of the status quo of the Union of values and outline of its future direction.

The Oxford Handbook of European Union Law

Author: Anthony Arnull

Publisher: Oxford University Press

Published: 2015-07-23

Total Pages: 950

ISBN-13: 0191653055

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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Arbitrary and Capricious

Author: Gary Elvin Marchant

Publisher: American Enterprise Institute

Published: 2004

Total Pages: 112

ISBN-13: 9780844741895

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This study examines how the European Union has used the precautionary principle in legal decisions.

Nicomachean Ethics

Author: Aristotle

Publisher: Createspace Independent Publishing Platform

Published: 2016-10-27

Total Pages: 152

ISBN-13: 9781539784388

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The Ethics of Aristotle is one half of a single treatise of which his Politics is the other half. Both deal with one and the same subject. This subject is what Aristotle calls in one place the "philosophy of human affairs;" but more frequently Political or Social Science. In the two works taken together we have their author's whole theory of human conduct or practical activity, that is, of all human activity which is not directed merely to knowledge or truth. The Nicomachean Ethics is the name normally given to Aristotle's best-known work on ethics. The work, which plays a pre-eminent role in defining Aristotelian ethics, consists of ten books, originally separate scrolls, and is understood to be based on notes from his lectures at the Lyceum. The title is often assumed to refer to his son Nicomachus, to whom the work was dedicated or who may have edited it (although his young age makes this less likely). Alternatively, the work may have been dedicated to his father, who was also called Nicomachus. The theme of the work is a Socratic question previously explored in the works of Plato, Aristotle's friend and teacher, of how men should best live. In his Metaphysics, Aristotle described how Socrates, the friend and teacher of Plato, had turned philosophy to human questions, whereas Pre-Socratic philosophy had only been theoretical. Ethics, as now separated out for discussion by Aristotle, is practical rather than theoretical, in the original Aristotelian senses of these terms. In other words, it is not only a contemplation about good living, because it also aims to create good living. It is therefore connected to Aristotle's other practical work, the Politics, which similarly aims at people becoming good. Ethics is about how individuals should best live, while the study of politics is from the perspective of a law-giver, looking at the good of a whole community.

Ethics and Sport in Europe

Author: Dominique Bodin

Publisher: Council of Europe

Published: 2011-01-01

Total Pages: 202

ISBN-13: 9789287170774

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Defending ethics in sport is vital in order to combat the problems of corruption, violence, drugs, extremism and other forms of discrimination it is currently facing. Sport reflects nothing more and nothing less than the societies in which it takes place. However, if sport is to continue to bring benefits for individuals and societies, it cannot afford to neglect its ethical values or ignore these scourges. The major role of the Council of Europe and the Enlarged Partial Agreement on Sport (EPAS) in addressing the new challenges to sports ethics was confirmed by the 11th Council of Europe Conference of Ministers responsible for Sport, held in Athens on 11 and 12 December 2008. A political impetus was given on 16 June 2010 by the Committee of Ministers, with the adoption of an updated version of the Code of Sports Ethics (Recommendation CM/Rec(2010)9), emphasising the requisite co-ordination between governments and sports organisations. The EPAS prepared the ministerial conference and stepped up its work in an international conference organised with the University of Rennes, which was attended by political leaders, athletes, researchers and officials from the voluntary sector. The key experiences described in the conference and the thoughts that it prompted are described in this publication. All the writers share the concern that the end result should be practical action - particularly in terms of the setting of standards - that falls within the remit of the EPAS and promotes the Council of Europe's core values.

European Prison Rules

Author: Council of Europe. Committee of Ministers

Publisher: Council of Europe

Published: 2006-01-01

Total Pages: 133

ISBN-13: 9287159823

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This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.

Conditions of European Solidarity: What holds Europe together?

Author: Krzysztof Michalski

Publisher: Central European University Press

Published: 2006-01-01

Total Pages: 216

ISBN-13: 9789637326479

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The book addresses contemporary developments in European identity politics as part of a larger historical trajectory of a common European identity based on the idea of 'solidarity.' The authors explain the special sense in which Europeans perceive their obligations to their less fortunate compatriots, to the new East European members, and to the world at large. An understanding of this notion of 'solidarity' is critical to understanding the specific European commitment to social justice and equality. The specificity of this term helps to distinguish between what the Germans call "social state" from the Anglo-Saxon, and particularly American, political and social system focused on capitalism and economic liberalism. This collection is the result of the work of an extremely distinguished group of scholars and politicians, invited by the previous President of the European Union, Romano Prodi, to reflect on some of the most important subjects affecting the future of Europe.