| Budget Amount *help |
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2006: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2005: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2004: ¥500,000 (Direct Cost: ¥500,000)
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| Research Abstract |
In this study, the European system for the protection of human rights is researched with a focus on the property rights, the immigration policy and the relation of the national law to the European law. Throughout these themes, legal systems as well as case law should be reconsidered in accordance with the rapid changes of the political situation in Europe.
(1) The protection of property rights under the European law
The structure of protecting property rights is analyzed with the special attention to the system of the European Convention on Human Rights. The European Court on Human Rights has distinguished three norms under the article 1 of the First Protocol of the Convention : deprivation of property, controlling the use of property and other interferences with the peaceful enjoyment of possessions. But the new problems, like restitution cases, require the reconsideration of the method, and modern approach has the tendency to blur the distinction among three norms.
(2) Immigration polic
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y and European legal system
The system for controlling immigrants is analyzed, focusing inter alia on the problem of "Zuwanderungsgesetz" in Germany and its relation to EU law. The basic idea of the "Zuwanderungsgesetz" in 2005 is completely different from that of the traditional "Auslandergesetz", for its main purpose is the positive acceptance of some immigrants and their integrations. Besides, the authority of the EU organ to engage in the immigration policy is also expanded drastically. The modern immigration policy in Europe is characterized with its new concept and the close cooperation of EU and its member states.
(3) The relation of the national law to the European law
Whereas the law of the European Community holds the position superior to national law, ranks of the European Convention on Human Rights in national legal systems are different among member states. In Germany, the Convention occupies formally the same rank as the simple statute, but Analysis of literatures and case laws shows that norms of the Convention itself as well as decisions of the European Court on Human Rights are highly appreciated by the national authorities. Less
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