Format:
XXI, 226 S
,
24 cm
ISBN:
0415825997
,
9780415825993
Series Statement:
Routledge research in human rights law
Content:
"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"--
Content:
"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"--
Note:
Includes bibliographical references and index
,
Introduction
,
A reminiscence of Westphalia : inter-party cases after the EU's accession to the ECHR and the EU's potential as a human rights litigator
,
Why the road from Luxembourg to Strasbourg leads through Venice : the Venice Commission as a link between the EU and the ECHR
,
Three levels of dialogue in precident formation at the CJEU and ECtHR
,
Introduction
,
The presumption of equivalent protection rebutted : the right to a fair trial in criminal proceedings in the ECHR and EU Law
,
The right to strike : a jurisprudential gulf between the CJEU and ECtHR
,
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
,
The relationship between the CJEU and the ECtHR : the case of asylum
,
A tale of two cities : positive action as 'full equity' in Luxembourg and Strasbourg
,
Concluding remarks
Additional Edition:
ISBN 9780203538029
Additional Edition:
Erscheint auch als Online-Ausgabe Human rights law in Europe London : Routledge, 2014 ISBN 9780203538029
Language:
English
Keywords:
Europäische Union
;
Menschenrecht
;
Menschenrechtspolitik
;
Europäischer Gerichtshof für Menschenrechte
Author information:
Dzehtsiarou, Kanstantsin
