Title: The constitutional relevance of the ECHR in domestic and European law :
Authors: Repetto, Giorgio,; Repetto, Giorgio,
Date: 2013
Publisher: Intersentia ;
Physical description: xiv, 251 pages ; 25 cm.
Language: English
LC classification: K
Abstract: In recent years the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-à-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book aims to show that today the European Convention raises unprecedented problems that involve first of all its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe.
Contents: Introduction: the ECHR and the European constitutional landscape: reassessing paradigms / Giorgio Repetto -- The constitutional background of the 2007 revolution: the jurisprudence of the constitutional court /Diletta Tega -- Rethinking a constitutional role for the ECHR: the dilemmas of incorporation into Italian domestic law / Giorgio Repetto -- Strasbourg jurisprudence as an input for "cultural evolution" in Italian judicial practice / Andrea Guazzarotti -- The Strasbourg Court's influence on the Italian criminal trial / Mariangela Montagna -- The ECHR's influence on the Italian regulation of the administrative trial: the right to an independent and impartial tribunal / Marta Mengozzi -- Toward a convergence between the EU and ECHR legal systems? A comparative perspective / Oreste Pollicino -- National constitutions and the ECHR: comparative remarks in light of Germany's experience / Alessandra Di Martino -- Teaching of religion and margin of appreciation: the reluctant liberalism of the Strasbourg Court / Alberto Vespaziani -- The unbearable lightness of the margin of appreciation: ECHR and "Bio-Law" / Antonello Ciervo -- Histories, traditions and contexts in the jurisprudence of the European Court of Human Rights / Andrea Buratti -- Immigrants' family life in the rulings of the European supranational courts / Gianluca Bascherini -- Cooperation in relations between the ECJ and the ECtHR / Angelo Schillaci -- The EU and its member states before the Strasbourg Court: a critical appraisal of the co-respondent mechanism / Simone Vezzani -- The constitutional relevance of the ECHR in domestic and European law: general assessments / Cesare Pinelli
Subject headings (LCSH): Central-local government relations--European Union countries.; Constitutional law--European Union countries.; Constitutional law--Italy.; Convention for the Protection of Human Rights and Fundamental Freedoms; European Union--Italy.; Human rights--European Union countries.; Human rights--Italy.