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Fundamental Rights in Europe

Fundamental Rights in Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 9780198702047
Published In: February 2014
Format: Hardback , 352 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Offers a comparative analysis of human rights standards between the European system and the federal system of the USA
Provides useful technical information on four case studies including, the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and lastly the right to abortion
Combines a conceptual framework with an empirical examination testing the value of the theory in practice

The European architecture for the protection of fundamental rights combines the legal regimes of the state, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe.

The book adopts a comparative approach by comparing the European system with the federal system of the United States. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness and a challenge of inconsistency. These challenges arise when transnational law operates either as a floor or as a ceiling of protection for a specific human right.

The comparison is explained through four in depth case studies - the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. On the basis of these case studies, the book then seeks to draw a general model for the protection of fundamental rights - so-called 'neo-federal.' This model systematically explains the constitutional dynamics at play in multilevel systems characterized by a plurality of sources and institutions for the protection of fundamental rights.

Readership: This book is appropriate for students, scholars and practitioners in EU law and human rights law.

Introduction
1: Of Floors, Ceilings and Human Rights: The European Fundamental Rights Architecture Compared
2: The Right to Due Process for Suspected Terrorists
3: The Right to Vote for Non-Citizens
4: The Right to Strike
5: The Right to Abortion
Conclusion
Bibliography
Table of Legislation
Table of Cases

Federico Fabbrini is an Assistant Professor of European & Comparative Constitutional Law with a PhD from European University Institute. His main areas of research are federalism, fundamental rights, separation of powers, economic governance, and global constitutionalism.