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
The interaction between European and national courts as to human rights protection: The editors’ introduction (p. 1)
About the authors and editors (p. 379)
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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