Human rights protection in the European legal order
Subtitle: the interaction between the European and the national courts
By: edited by Patricia Popelier, Catherine Van de Heyning, Piet Van Nuffel
Series: Law and cosmopolitan values -- 1; Law and cosmopolitan values -- 1.
Publisher: Intersentia; Distribution for the USA and Canada, International Specialized Book Services
Published: 2011
Place of publication: Cambridge, UK; Portland, OR
Language: eng
Number of pages: 382
ISBN-13: 9781780680101
Subjects: Human rights
Description: 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 specialised in either fundamental rights, EU law or constitutional law.
Notes: Includes bibliographical references.
Table of contents: title: The interaction between European and national courts as to human rights protection : the editors' introduction; title: The use of the ECHR and Convention case law by the European Court of Justice / Bruno de Witte; title: 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 and Rick Lawson; title: No place like home : discretionary space for the domestic protection of fundamental rights / Catherine Van de Heyning; title: European human rights, supranational judicial review and democracy : thinking outside the judicial box / Samantha Besson; title: Belgium, the supremacy dilemma : the Belgian Constitutional Court caught between the European Court of Human Rights and the European Court of Justice / Patricia Propelier; title: 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; title: France, the impact of European fundamental rights on the French Constitutional Court / Laurence Burgorgue-Larsen; title: Germany : the Federal Constitutional Court of Germany in the context of the European integration / Rainer Arnold.; title: Italy : the impact of the European courts on the Italian Constitutional Court / Giuseppe Martinico and Oreste Pollicino; title: The Netherlands : a case of constitutional leapfrog ; fundamental rights protection under the Constitution, the ECHR and the EU Charter in the Netherlands / Monica Claes and Gert Jan Leenknegt; title: 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 López; title: The United Kingdom : the influence of European law on the protection of fundamental human rights in United Kingdom law / Brice Dickson; title: Protection of European human rights by the highest courts in Europe : the art of triangulation / Wim Voermans.