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Shifting Centres of Gravity in Human Rights Protection: Rethinking Relations Between the ECHR, EU, and National Legal Orders

Shifting Centres of Gravity in Human Rights Protection: Rethinking Relations Between the ECHR, EU, and National Legal Orders

Author: Oddny Mjoll Arnardottir; Antoine Buyse
Publisher: Routledge
ISBN: 9781138121249
Published In: March 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, but also its positioning vis-à-vis fundamental rights protection in the European Union. The volume analyses how current developments reflect conflicting trends with regard to the positioning of this centre of gravity, and assesses the implications thereof for the future of European human rights protection. Having thus set the scene, the book takes a critical look at the tools that have been developed at the European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.

1. Introduction, Oddný Mjöll Arnardóttir and Antoine Buyse

Part 1: In Search of a Centre of Gravity

2. The Paradox of Human Rights Protection in Europe: Two Courts, One Goal?, Xavier Groussot

3. The Role of the European Court of Human Rights in the Changing European Human Rights Architecture, Davíð Þór Björgvinsson

4. The European Court of Human Rights and National Courts: A Constitutional Relationship?, Geir Ulfstein

5. National Judges Between EU law and the ECHR: The Legacy of Kamberaj, Giuseppe Martinico

6. The Advisory Jurisdiction of the ECtHR under Protocol No.

16: Enhancing Domestic Implementation of Human Rights or a Symbolic Step?, Björg Thorarensen

Part 2: European Rights and National Implementation: Rethinking the status quo

7. Flying or Landing? The Future Position of the Pilot Judgment Procedure in the Changing European Human Rights Architecture, Antoine Buyse

8. The Court of Justice and Fundamental Rights: If Margin of Appreciation is the Solution, What is the Problem?, Niamh Nic Shuibhne

9. Towards a Responsible Domestic Courts Doctrine? The European Court of Human Rights and the Variable Standard of Judicial Review of Domestic Court Judgments, Basak Cali

10. Speaking the Same Language? Comparing Judicial Restraint at the ECtHR and the ECJ, Oddný Mjöll Arnardóttir and Dóra Guðmundsdóttir

11. Squaring the Circe at the Battle at Brighton: Is the War between Protecting Human Rights or Respecting Sovereignty Over, or Has it Just Begun?, Andreas Føllesdal