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

This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. 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.
Editor(s):
Patricia Popelier, Catherine Van de Heyning, Piet Van Nuffel
Series:
Law and Cosmopolitan Values
Volume:
1
book | published | 1st edition
June 2011 | xiv + 380 pp.

Hardback
€89.-


ISBN 9781780680101


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- Student price: €45.-

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Details

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

Chapters

Table of Contents (p. 0)

The interaction between European and national courts as to human rights protection: The editors’ introduction (p. 1)

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 (p. 15)

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 (p. 35)

Chapter 3. No place like home: Discretionary space for the domestic protection of fundamental rights (p. 65)

Chapter 4. European human rights, supranational judicial review and democracy. Thinking outside the judicial box (p. 97)

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 (p. 147)

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 (p. 173)

Chapter 7. France. The impact of European fundamental rights on the French Constitutional Court (p. 211)

Chapter 8. Germany. The Federal Constitutional Court of Germany in the context of the European integration (p. 237)

Chapter 9. Italy. The impact of the European courts on the Italian Constitutional Court (p. 261)

Chapter 10. The Netherlands. A Case of constitutional leapfrog. Fundamental rights protection under the Constitution, the ECHR and the EU Charter in the Netherlands (p. 287)

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 (p. 309)

Chapter 12. The United Kingdom. The influence of European law on the protection of fundamental human rights in United Kingdom law (p. 343)

Chapter 13. Protection of European human rights by highest courts in Europe: The art of triangulation (p. 365)

About the authors and editors (p. 379)

About the series:

Law and Cosmopolitan Values

The Law & Cosmopolitan Values series contains monographs and collections of essays that address fundamental topics in law and globalisation, which range over doctrinal as well as normative questions of International and European law, human rights, justice and democracy. A main purpose of the series is to encourage scholarship that explores and transcends the categories and assumptions on which contemporary debates on globalization are conducted, and to stimulate reflection upon questions concerning the interplay between law, policy and principle.

Recognizing that there is non sharp distinction between theoretical and systematic work in the field from an analysis of law in context, the editors welcome studies from a wide variety of methodological traditions.
The contributions to the series which inevitably cross disciplinary lines appeal to students, researchers and professionals in public law, international law, human rights law, political science, legal, and political philosophy.

Editorial Board: Koen De Feyter, Alexia Herwig, George Pavlakos, Patricia Popelier and Wouter Vandenhole.
All members are part of the Centre for Law and Cosmopolitan Values at the University of Antwerp.

Advisory Board: Robert Alexy (Kiel), Samantha Besson (Fribourg, CH), Christian Joerges (Bremen), Panos Koutrakos (Bristol and Antwerp), Thalia. Kruger (Antwerp), Joost Pauwelyn (Geneva), Margot Salomon (LSE), Kok-Chor Tan (Pennsylvania), Herwig Verschueren (Antwerp) and Wim Voermans (Leiden).

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