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How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers
How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers
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This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.
This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of the …