Human Rights Law in Europe: The Influence, Overlaps and Contradictions of the EU and the ECHR

Human Rights

Human Rights Law in Europe: The Influence, Overlaps and Contradictions of the EU and the ECHR

Edited by Kanstantsin Dzehtsiarou · Theodore Konstadinides · Tobias Lock · Noreen O'Meara
Routledge July 2016

Specifications

ISBN-13
9781138204553
Publisher
Routledge
Publication
July 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR).

The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR).

The contributions by leading scholars assess the organic relationship between the two courts as well as the influence of the CJEU and the ECtHR on legal developments in the Member States / High Contracting Parties. Focusing on the role of Europe’s two primary international courts by examining the overlapping relationship between them both collectively and within individual substantive areas the chapters set out specific case-studies illustrating the tensions and synergies that emerge from the EU-ECHR symbiosis.

Table of Contents

Foreword, Judge Dean Spielmann
1. Introduction

Part 1: Institutional Framework
2. When Elephants Fight, it is the Grass that Suffers: ‘Hegemonic Struggle’ in Europe and its Side-Effects for International Law, Vassilis P. Tzevelekos
3. Inter-Party Cases after Accession and the Autonomy of European Union Law, Paul Gragl
4. Why the road from Luxembourg to Strasbourg leads through Venice - The Venice Commission as a link between the EU and the ECHR, Lauri Bode-Kirchhoff

Part 2: Adjudicatory Approaches
5.The national constitutional identity clause: introducing a margin of appreciation doctrine into EU law?, Carina Alcoberro Llivina
6. The Role of Majoritarian Activism in Precedent Formation at the European Court of Justice and the European Court of Human Rights. What legitimacy models for what courts?, Bilyana Petkova
7. Coherence and Progress in the European protection of fundamental rights
friends or feuds?, Catherine Van de Heyning

Part 3: Procedural Rights and Substantive Rights Protection in the EU and the ECHR
8. The presumption of equivalent protection rebutted: the right to a fair trial in criminal proceedings and ne bis in idem in the ECHR and EU law, Alexandros-Ioannis Kargopoulos
9. Prison Officer Strike Action: The mouth-watering possibility of a high noon conflict between the European Courts?, Amy Ludlow
10. The relationship between the CJEU and ECtHR: the case of asylum, Francesca Ippolito and Samantha Velluti
11. From Strasbourg to Luxembourg and back again: Positive action as ‘full equality’ in the European legal order, Panos Kapotas

12. Conclusions
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