The Convergence of the Fundamental Rights Protection in Europe

Author: Rainer Arnold
Publisher: Springer-Verlag
ISBN: 9789401774635
Published In: November 2016
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter.

The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection.

Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

1. Aspects of Fundamental Rights. Convergence in Europe with some comparative references to the developments in Germany, United Kingdom and France

Rainer Arnold and Eva Feldbaum

2. Convergence of the protection of fundamental rights between the Spanish Constitutional Court and the European Court of Human Rights

Pedro Julio Tenorio Sanchez

3. Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts. The Italian Experience

Luca Mezzetti

4. Discrimination and Equality. Affirmative Action in Spain and in the European Union

Maria Christina Hermida del Llano

5. The Nordic States and the European Convention on Human Rights

Joakim Nergelius

6. Fundamental Freedoms and Rights in Contemporary Europe

Boguslaw Banaszak