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The Interaction Between Europe’s Legal Systems

The Interaction Between Europe’s Legal Systems Judicial Dialogue and the Creation of Supranational Laws

Author: Giuseppe Martinico; Oreste Pollicino
Publisher: Edward Elgar Publishing
ISBN: 9781848446786
Published In: August 2012
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This book examines the broad issue of the rapprochement between the legal systems of the EU and the European Convention of Human Rights (ECHR) and asks whether the two systems are converging. While the literature on the issue of the national application of EC/EU law or that of ECHR norms is voluminous, a specific comparative analysis that takes into account the national judicial treatment of both laws has been lacking, until now.

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes.

The Interaction between Europe’s Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

Part I

1. The Interaction between Europe’s Legal Systems: An Introduction to the Investigation

2. The Formal Parameter

3. The Law in Action

Part II

4. External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East

5. The Enlargement of Europe to the East and the Reaction of the European Court of Human Rights

6. The Enlargement of Europe to the East and the Reaction of the European Court of Justice

7. Conclusions Index

Giuseppe Martinico, García Pelayo Fellow, Centro de Estudios Politicos y Constitucionales, Spain and Oreste Pollicino, Associate Professor of Comparative Law, Bocconi University, Italy