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Human rights protection in the European legal order: The interaction between the European and the national courts

Book | 1st edition 2011 | United Kingdom | Patricia Popelier, Catherine Van de Heyning, Piet Van Nuffel

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but also need to have a clear understanding of the human rights catalogue that is to be applied, i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights. This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the ECtHR and the ECJ, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes it valuable for academics and practitioners specialized in either fundamental rights, EU law or constitutional law.

About this book
‘Overall the book covers interesting and manifold aspects of the interaction between the different authorities responsible for the protection of basic rights in Europe.’
Stefan Kieber in Newsletter Menschenrechte (NLMR) 6/2011, 399

‘The editors and contributors to this collection deserve praise for producing a very topical and stimulating book, which unlike many other edited books, is remarkably up to date. It can be highly recommended to everyone interested in this fascinating area of law.’
Tobias Lock in 2012 E.L.Rev. 822

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780680101
Series name Law and Cosmopolitan Values
Weight 750 g
Status Available
Number of pages xiv + 384 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jun 30, 2011
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • The interaction between European and national courts as to human rights protection: The editors’ introduction
  • Chapter 1. The use of the ECHR and Convention case law by the European Court of Justice
  • Chapter 2. The EU as a party to the European Convention of Human Rights: EU law and the European Court of Justice case law as inspiration and challenge to the European Court of Human Rights jurisprudence
  • Chapter 3. No place like home: Discretionary space for the domestic protection of fundamental rights
  • Chapter 4. European human rights, supranational judicial review and democracy. Thinking outside the judicial box
  • Chapter 5. Belgium. The supremacy dilemma: The Belgian Constitutional Court caught between the European Court of Human Rights and the European Court of Justice
  • Chapter 6. East European Countries. On secret legislation, blanket data recording, arrest warrants and property rights: Questions on the rule of law and judicial review in the EU in the light of post-communist constitutions
  • Chapter 7. France. The impact of European fundamental rights on the French Constitutional Court
  • Chapter 8. Germany. The Federal Constitutional Court of Germany in the context of the European integration
  • Chapter 9. Italy. The impact of the European courts on the Italian Constitutional Court
  • Chapter 10. The Netherlands. A Case of constitutional leapfrog. Fundamental rights protection under the Constitution, the ECHR and the EU Charter in the Netherlands
  • Chapter 11. Spain. The impact of the European Convention of Human Rights and the Charter of Fundamental rights of the European Union on Spanish constitutional law: Make a virtue of necessity
  • Chapter 12. The United Kingdom. The influence of European law on the protection of fundamental human rights in United Kingdom law
  • Chapter 13. Protection of European human rights by highest courts in Europe: The art of triangulation
  • About the authors and editors