Protecting Human Rights in the EU Controversies and Challenges of th
Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values o
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Protecting Human Rights in the EU Controversies and Challenges of the Charter of Fundamental Rights
Protecting Human Rights in the EU
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Tanel Kerikma¨e Editor
Protecting Human Rights in the EU Controversies and Challenges of the Charter of Fundamental Rights
Editor Tanel Kerikma¨e Tallinn Law School Tallinn University of Technology Tallinn Estonia
ISBN 978-3-642-38901-6 ISBN 978-3-642-38902-3 (eBook) DOI 10.1007/978-3-642-38902-3 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2013947801 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Contents
Introduction: EU Charter as a Dynamic Instrument . . . . . . . . . . . . . . . Tanel Kerikma¨e
1
EU Charter: Its Nature, Innovative Character, and Horizontal Effect . . Tanel Kerikma¨e
5
The Future of Universality of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . Katrin Nyman-Metcalf
21
The Freedom to Conduct Business and the Right to Property: The EU Technology Transfer Block Exemption Regulation and the Relationship Between Intellectual Property and Competition Law . . . . Katrin Nyman-Metcalf, Pawan Kumar Dutt, and Archil Chochia
37
The Contribution of the European Charter of Human Rights to the
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