For some time now, the European Court of Human Rights is under substantial pressure. From a case overload crisis it stumbled into a legitimacy crisis with regard to certain countries. This should be taken seriously, since scholars warn that institutions with eroding legitimacy risk demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection. The book is topical and innovative, as these questions have so far remained largely unexplored, especially cross-nationally.
Far from focusing exclusively on those voices that are currently raised so loud, conclusions are based on comparative in-depth reports, covering fifteen Contracting Parties and the EU.
About the book
‘[...] a valuable resource of information for those seeking insight in the latest developments in the European human rights protection system, its significance for the broader political environment of the member states of the Council of Europe and its possible future development in times of intensifying centrifugal forces.’
Gregor Fischer in European Yearbook on Human Rights 2017 483
‘[...] valuable reading for those who want to get an overview of the position of the ECtHR in the examined States. It shows that there are various forms of criticism and that criticism differs depending on the country and on the institutions involved. The book is recommended to anyone interested in gaining an overview of these issues.’
Kristel van Kruisbergen in CMLR 2018 279
With contributions of Olgun Akbulut, Tilmann Altwicker, Katarzyna Blay-Grabarczyk, Anna Gamper, Janneke Gerards, Krystyna Kowalik-Bańczyk, Sarah Lambrecht, Koen Lemmens, Lubomir Majerčík, Giuseppe Martinico, Roger Masterman, Aaron Matta, Christophe Maubernard, Armen Mazmanyan, Katharina Pabel, Eszter Polgári, Patricia Popelier, Clara Rauchegger, Michael Reiertsen and Henrik Wenander.
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.
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, Patricia Popelier and Wouter Vandenhole.
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