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A Europe of Rights

A Europe of Rights The Impact of the ECHR on National Legal Systems

Author: Helen Keller;Stone-Sweet Alec
Publisher: Oxford University Press
ISBN: 9780199535262
Published In: August 2008
Format: Hardback , 892 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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Systematic comparative research on the impact of the ECHR on eighteen States across Europe
Clear, consistent and comprehensive citations to cases and scholarly materials
Extensive substantive introduction and conclusion written by Helen Keller and Alec Stone Sweet
Appendix reports statistics on the relationship between national legal systems and the ECHR

The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

Readership: Academics, scholars, and advanced students of European human rights law and international relations

1: Keller and Stone Sweet: Introduction to the Project

Part I Country Reports

2: Erika de Wet: Belgium and the Netherlands

3: Elisabeth Lambert Abdelgawad: France and Germany

4: Daniela Thurnherr: Austria and Switzerland

5: Samantha Besson: Ireland and the UK

6: Ola Wiklund: Norway and Sweden

7: Ibrahim Özden Kaboglu and Stylianos-Ioannis G. Koutnatzis: Greece and Turkey

8: Magda Krzyzanowska-Mierzewska: Poland and Slavakia

9: Angelika Nussberger: Russia and Ukraine

Part II Assessment and Conclusion

10: Keller and Stone Sweet: The ECHR and National Legal Orders

Appendix: National Statistics Related to ECHR Cases Filed

Bibliography

Index

Helen Keller, Professor of Public Law, International and European Law, University of Zurich, and Alec Stone Sweet, Chair in International and Comparative Law, Yale Law School

Contributors:

Helen Keller

Alec Stone Sweet

Erika de Wet

Elisabeth Lambert Abdelgawad

Daniela Thurnherr

Samantha Besson

Ola Wiklund

Ibrahim Özden Kaboglu

Stylianos-Ioannis G. Koutnatzis

Magda Krzyzanowska-Mierzewska

Angelika Nussberger