Human rights law in Europe : the influence, overlaps and contradictions of the EU and the ECHR / edited by Kanstantsin Dzehtsiarou, Theodore Konstadinides, Tobias Lock and Noreen O'Meara.
2014
KJC5132 .H8636 2014 (Map It)
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Title
Human rights law in Europe : the influence, overlaps and contradictions of the EU and the ECHR / edited by Kanstantsin Dzehtsiarou, Theodore Konstadinides, Tobias Lock and Noreen O'Meara.
Published
London ; New York : Routledge, Taylor & Francis Group, 2014.
Call Number
KJC5132 .H8636 2014
ISBN
9780415825993 (hardback)
0415825997 (hardback)
9780203538029 (ebk.)
0203538021 (ebk.)
0415825997 (hardback)
9780203538029 (ebk.)
0203538021 (ebk.)
Description
xxi, 226 pages ; 24 cm.
System Control No.
(OCoLC)858159516
Summary
"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"-- Provided by publisher.
"This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing 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). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of 'the EU under the ECtHR' compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe's two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights"-- Provided by publisher.
"This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing 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). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of 'the EU under the ECtHR' compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe's two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
List of contributors
vii
Acknowledgements
ix
List of abbreviations
x
Foreword: Dean Spielmann
xii
pt. I
Institutional relations between the EU, the ECHR and stakeholders
1.
Introduction / Tobias Lock
3
2.
When elephants fight it is the grass that suffers: `hegemonic struggle' in Europe and the side-effects for international law / Vassilis P. Tzevelekos
9
3.
reminiscence of Westphalia: inter-party cases after the EU's accession to the ECHR and the EU's potential as a human rights litigator / Paul Gragl
35
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
55
5.
Three levels of dialogue in precedent formation at the CJEU and ECtHR / Bilyana Petkova
73
pt. II
Protection of procedural and substantive rights in the EU and the ECHR
6.
Introduction / Noreen O'Meara
95
7.
presumption of equivalent protection rebutted: the right to a fair trial in criminal proceedings in the ECHR and EU law / Alexandros-Ioannis Kargopoulos
102
8.
right to strike: a jurisprudential gulf between the CJEU and ECtHR / Amy Ludlow
121
9.
Labour law, the industrial constitution and the EU's accession to the ECHR: the constitutional nature of the market and the limits of rights-based approaches to labour law / Luke Mason
137
10.
relationship between the CJEU and the ECtHR: the case of asylum / Samantha Velluti
156
11.
tale of two cities: positive action as `full equality' in Luxembourg and Strasbourg / Panos Kapotas
188
12.
Concluding remarks / Paul Mahoney
215
Index
225