The Architecture of Fundamental Rights in the European Union

European Union Law

The Architecture of Fundamental Rights in the European Union

By Šejla Imamovic
Hart Publishing June 2023

Specifications

ISBN-13
9781509955503
Publisher
Hart Publishing
Publication
June 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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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