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The European Convention on Human Rights and its Impact on National Private Law

The European Convention on Human Rights and its Impact on National Private Law

Author: Matteo Fornasier; Maria Gabriella Stanzione
Publisher: Larcier Intersentia Publishers
ISBN: 9781839703423
Published In: June 2023
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,250.20

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Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent that the ECHR matters also in the ‘horizontal’ relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR has triggered significant changes in Contracting States’ domestic private laws. The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties’ domestic laws, focusing on two jurisdictions: Germany and Italy. The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the ECtHR involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law.

The European Convention on Human Rights and its Impact on National Private Law: An Introduction

The European Convention on Human Rights in the German Legal System: A Qualitative and Quantitative Introduction

The Role of the Italian Courts in the Effective Implementation of the European Convention on Human Rights: Introductory Remarks

Parental Autonomy and Child Protection Measures: Procedural and Substantive Standards

The Status of Biological Fathers: An Example for the Impact of the European Convention on Human Rights on National Family Law

Shaping New Families: Same-Sex Couples’ Rights in the Dialogue between the Courts

Shaping the Right to Privacy: The Interplay between Karlsruhe, Strasbourg, and Luxembourg

Data Protection in Private Relations and the European Convention Human Rights

Copyright as a Fundamental Right and the Infl uence of the Case Law of the European Court of Human Rights and of the European Court of Justice

The Relationship between Article 6 of the European Convention on Human Rights and International Commercial Arbitration

The European Convention on Human Rights and the Protection of Foreign Direct Investment: Th e Role of ‘Legitimate Expectations’

The EU Principle of Mutual Recognition before the European Court of Human Rights

Freedom of Association for the Armed Forces: A Fruitful Dialogue between the European Court of Human Rights and the Italian Constitutional Court

The Impact of the European Convention on Human Rights on German Labour Law: A Special Focus on Collective Labour Law

Comparative Law at the European Court of Human Rights: Does Context Still Matter?

Harmonisation through the Back Door? The Impact of the European Convention on Human Rights on National Private Law

Bibliography

Index

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