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The Architecture of Fundamental Rights in the European Union

The Architecture of Fundamental Rights in the European Union

Author: Šejla Imamovic
Publisher: Hart Publishing
ISBN: 9781509940585

Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509955503

List Price: HKD 1,235.00

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Description
Contents

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This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.

Introduction

I. Aims and Scope of this Book

II. Structure and Outline of Chapters

PART I. THE NEW EUROPEAN FUNDAMENTAL RIGHTS ARCHITECTURE

1. The Development of EU Fundamental Rights Law

I. Introduction

II. The Creation of the European Community and the Silence on Human Rights

III. Fundamental Rights as General Principles of EU Law

IV. Fundamental Rights Protection in Post-Lisbon Europe

V. Some Reflections on the Role and Place of Fundamental Rights in EU Law

VI. Conclusion

2. A European Web of Human Rights Regimes: The EU, the ECHR and the National Legal Systems

I. Introduction

II. EU Law, the ECHR and the Strasbourg Court

III. EU Law, the ECHR and the Luxembourg Court

IV. Recent Developments in the Relationship between the Strasbourg and Luxembourg Courts

V. EU Law, the ECHR and National Courts

VI. Conclusion

PART II. CONVERGENCE AND CONFLICTS IN EUROPEAN FUNDAMENTAL RIGHTS STANDARDS

3. Case Study I: The Dublin System

I. Introduction

II. Mutual Trust and Recognition in the AFSJ

III. The Dublin System

IV. The Evolving Case Law on Dublin Transfers – A Retrospective Outlook

V. The Systemic Deficiencies Criteria and the Limits to Mutual Trust

VI. Conclusion

4. Case Study II: The European Arrest Warrant

I. Introduction

II. European Arrest Warrant

III. Validity Challenge in Abstracto

IV. The Fundamental Rights/Mutual Trust Nexus

V. The Aftermath of Aranyosi and Caldararu

VI. The EAW and Independence of the Judiciary

VII. Execution of the EAW and Compliance with Fundamental Rights – in Search of Guidelines for National Courts

VIII. Conclusion

PART III. TOWARDS NORMATIVE CONSISTENCY IN EUROPEAN FUNDAMENTAL RIGHTS LAW

5. Conflict Rules in National, European and International Law

I. Introduction

II. Defining Treaty Conflict

III. National Law and National Constitutions

IV. Conflict Clauses in the Treaties

V. Conflict Rules in International Law

VI. Conclusion

6. Scenarios from the Member States

I. Introduction

II. Conform Interpretation

III. Giving Priority to the ECHR

IV. Reframing the Conflict

V. The Preliminary Reference Procedure

VI. National Courts' Approaches to Conflicts between EU and ECHR Law – An Overall Assessment and Conclusions

Conclusion

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