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Fundamental Rights in the EU: A Matter for Two Courts

Fundamental Rights in the EU: A Matter for Two Courts

Author: Sonia Morano-Foadi; Lucy Vickers
Publisher: Hart Publishing
ISBN: 9781509915477

Published In: June 2017
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849467070

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This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR).

The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice.

This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the European Union to the European Convention on Human Rights (ECHR) and considers the legal implications of the accession for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe.

The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.

1. . Introduction-A Matter for Two Courts: The Fundamental Rights Question for the EU Sonia Morano-Foadi and Lucy Vickers

PART I
2. The Place of the EU Charter within the Tradition of Fundamental and Human Rights Dr Niilo J skinen
3. Closing the Gaps in the Protection of Fundamental Rights in Europe: Accession of the EU to the ECHR Kristi Raba
4. Problems and Challenges of the EU's Accession to the ECHR: Empirical Findings with a View to the Future Stelios Andreadakis
5. The EU Human Rights Regime Post Lisbon: Turning the CJEU into a Human Rights Court? Wolfgang Wei

PART II
6. European Judicial Dialogue and the Protection of Fundamental Rights in the New Digital Environment: An Attempt at Emancipation and Reconciliation: The Case of Freedom of Speech Oreste Pollicino
7. Migration and Human Rights: The European Approach Sonia Morano-Foadi
8. Who has the Right to have rights? The Judgments of the CJEU and the ECtHR as Building Blocks for a European 'ius commune' in Asylum Law Samantha Velluti
9. More is Less? Multiple Protection of Human Rights in Europe and the Risks of Erosion of Human Rights Standards Titia Loenen and Lucy Vickers
10. In Extending Human Rights, which European Court is Substantively 'Braver' and Procedurally 'Fitter'? The Example of Sexual Orientation and Gender Identity Discrimination Robert Wintemute
11. Access to Justice in the Recent Grand Chamber Judgments of the European Court of Human Rights Dragoljub Popovic
12. Fundamental Rights and Judicial Cooperation in the Decisions of the Court of Justice on the Brussels I Regulation 2009-2014: The Story So Far Lorna Gillies
13. Concluding Remarks Sonia Morano-Foadi and Lucy Vickers