Fundamental Rights and Principles

Pieter van Dijk has devoted his working life to the theory and practice of fundamental rights and principles. Many of his friends and (former) colleagues have contributed to this volume. They have analyzed fundamental rights and principles from various perspectives, including preconditions for safeguarding fundamental rights, the interaction between the Strasbourg, Luxembourg and national courts and constitutional review.
Editor(s):
Marjolein van Roosmalen, Ben Vermeulen, Fried van Hoof, Marten Oosting
book | published | 1st edition
February 2013 | xlvi + 584 pp.

Hardback
€115.-


ISBN 9781780681085

Details

Pieter van Dijk has devoted his working life to the theory and practice of fundamental rights and principles. Therefore, it may not come as a surprise that his liber amicorum is devoted to these values. Many of his friends and (former) colleagues from – inter alia – the Council of State of the Netherlands, the European Court of Human Rights in Strasbourg, the European Commission for Democracy through Law of the Council of Europe (the Venice Commission) and the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba have contributed to this volume. They have analyzed fundamental rights and principles from various perspectives, including preconditions for safeguarding fundamental rights, the interaction between the Strasbourg, Luxembourg and national courts and constitutional review.


About this book
[…] a multitude of highly qualified contributions […].
Eduard Christian Schöpfer, NLMR 2013 (388)




Chapters

Table of Contents (p. 0)

I. PIETER VAN DIJK

Pieter van Dijk: the Person (p. 1)

Pieter van Dijk: the Scholar. Recalling a ‘Wide-ranging Study of Comparative Jurisprudence’ (p. 9)

Pieter van Dijk: the State Councillor and Human Rights Lawyer. Preconditions for Safeguarding Fundamental Rights (p. 17)

II. STRASBOURG

The Concurring and Dissenting Opinions of Pieter van Dijk as a Judge of the European Court of Human Rights (p. 33)

Pieter van Dijk and His Favourite Strasbourg Judgment. Some Remarks on Consensus in the Case Law of the European Court of Human Rights (p. 49)

Judicial Minimalism and ‘Dependency’. Interpretation of the European Convention in a Pluralist Europe (p. 73)

Switzerland before the European Court of Human Rights (p. 93)

The Impact of the Case Law of the European Court of Human Rights on the Political Debate in the Netherlands concerning the Court (p. 99)

Environmental Protection under Article 8 of the European Convention on Human Rights (p. 115)

State Obligations to Adequate Judicial Response in Cases under Article 2 of the Convention. Issues of Admissibility (p. 131)

III. LUXEMBOURG

Access to the European Union Courts. Standing in Direct Actions after Lisbon (p. 139)

The Role of the European Parliament in the Fundamental Rights Architecture of the European Union (p. 153)

IV. BETWEEN STRASBOURG, LUXEMBOURG AND THE HAGUE

The European Convention on Human Rights and the Charter of Fundamental Rights of the European Union: Back to the Roots (p. 173)

The Role of the Administrative Jurisdiction Division of the Council of State in Relation to the European Court of Human Rights (p. 197)

The European Court of Human Rights and the Court of Justice of the European Union: an Imperfect Match? Interaction between both Courts in the Field of Immigration Law (p. 215)

Fundamental Rights Protection in Europe before and after Accession of the European Union to the European Convention on Human Rights (p. 225)

V. VENICE

The Venice Commission Twenty Years On. Challenge Met but New Challenges Ahead (p. 239)

The Venice Commission and the Protection of Human Rights (p. 255)

VI. THE KINGDOM OF THE NETHERLANDS IN EUROPE AND OVERSEAS

Fundamental Rights in the Countries of the Kingdom of the Netherlands: Unity or Diversity? (p. 267)

Concordance in Administrative Law and the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba (p. 277)

The Customisation Principle in the Council of State’s Advisory Opinions (p. 293)

VII. ON PRINCIPLES AND RIGHTS FROM VARIOUS PERSPECTIVES

The Status of General Principles of Law in the Legal Practice of the Netherlands. Some Observations (p. 309)

The Development of General Principles of Good Governance in Dutch Administrative Case Law (p. 329)

The Principle of Legality Revisited (p. 345)

Fundamental Rights and Principles from an Attorney’s Perspective (p. 359)

The Inter-American Commission of Human Rights and the Inter-American Court. New Rules for Individual Communications (p. 377)

Freedom of Religion or Belief is an Asset (p. 395)

Freedom of Conscience and Tolerance in the Dutch Cultural Tradition (p. 417)

The Rule of Law and Violations of Law in Police Investigations. Protecting the Embankments around Article 8 of the European Convention on Human Rights (p. 431)

The Effect of Article 8 of the European Convention on Human Rights on Dutch Family Law (p. 447)

Article 8 of the European Convention on Human Rights. Proportionality and the Protection of Personal Data (p. 459)

Reasonable Legislation. A Matter of the Rule of Law and Human Rights (p. 481)

The Right to Information under the European Convention on Human Rights (p. 497)

Fundamental Rights, Fundamental Principles and Local Governments (p. 511)

VIII. CONSTITUTIONAL REVIEW

The Priority Constitutional Review and Its Relationship to the Preliminary Reference Procedure (p. 525)

Quis custodiet ipsos custodes? About the Institutional Position of Constitutional Courts (p. 543)

Constitutional Review by the Dutch Courts. A View from Kneuterdijk 22 (p. 563)

List of Contributors (p. 583)