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Human rights protection in the European legal order
The interaction between the European and the national courts
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
| Producttype | Boek |
|---|---|
| Formaat | Hardback |
| EAN / ISSN | 9781780680101 |
| Reeksnaam | Law and Cosmopolitan Values |
| Gewicht | 750 g |
| Beschikbaarheid | In voorraad |
| Aantal pagina's | xiv + 384 blz. |
| Toegang tot oefeningen | Nee |
| Uitgever | Intersentia |
| Taal | Engels |
| Publicatiedatum | 30 jun. 2011 |
| Beschikbaar op Strada Belgique | Nee |
| Beschikbaar op Strada Europe | Nee |
| Beschikbaar op Strada Luxembourg | Nee |
Uittreksels
- Table of Contents
- The interaction between European and national courts as to human rights protection: The editors’ introduction
- I. THE INTERACTION BETWEEN THE EUROPEAN COURT OF JUSTICE AND THE EUROPEAN COURT OF HUMAN RIGHTS
- Chapter 1. The use of the ECHR and Convention case law by the European Court of Justice
Bruno de Witte - 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
Catherine Van de Heyning, Rick Lawson - Chapter 3. No place like home: Discretionary space for the domestic protection of fundamental rights
Catherine Van de Heyning - Chapter 4. European human rights, supranational judicial review and democracy. Thinking outside the judicial box
Samantha Besson - II. THE IMPACT OF THE COEXISTENCE OF THE EUROPEAN COURTS ON THE NATIONAL CONSTITUTIONAL COURTS
- Chapter 5. Belgium. The supremacy dilemma: The Belgian Constitutional Court caught between the European Court of Human Rights and the European Court of Justice
Patricia Popelier - 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
Anneli Albi - Chapter 7. France. The impact of European fundamental rights on the French Constitutional Court
Laurence Burgorgue-Larsen - Chapter 8. Germany. The Federal Constitutional Court of Germany in the context of the European integration
Rainer Arnold - Chapter 9. Italy. The impact of the European courts on the Italian Constitutional Court
Giuseppe Martinico, Oreste Pollicino - Chapter 10. The Netherlands. A Case of constitutional leapfrog. Fundamental rights protection under the Constitution, the ECHR and the EU Charter in the Netherlands
Monica Claes, Gert-Jan Leenknegt - 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
Enrique Guillén Lopéz - Chapter 12. The United Kingdom. The influence of European law on the protection of fundamental human rights in United Kingdom law
Brice Dickson - Chapter 13. Protection of European human rights by highest courts in Europe: The art of triangulation
Wim Voermans - About the authors and editors