The Constitutional Relevance Of The Echr In Domestic And European Law

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The Constitutional Relevance of the ECHR in Domestic and European Law

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681184
Total Pages : 251 pages
Book Rating : 4.6/5 (811 download)

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Book Synopsis The Constitutional Relevance of the ECHR in Domestic and European Law by : Giorgio Repetto

Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

A Europe of Rights

Author : Helen Keller
Publisher : OUP Oxford
ISBN 13 : 0191560200
Total Pages : 896 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis A Europe of Rights by : Helen Keller

Download or read book A Europe of Rights written by Helen Keller and published by OUP Oxford. This book was released on 2008-07-31 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

The Impact of the ECHR on Democratic Change in Central and Eastern Europe

Author : Iulia Motoc
Publisher : Cambridge University Press
ISBN 13 : 1316558835
Total Pages : 559 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Impact of the ECHR on Democratic Change in Central and Eastern Europe by : Iulia Motoc

Download or read book The Impact of the ECHR on Democratic Change in Central and Eastern Europe written by Iulia Motoc and published by Cambridge University Press. This book was released on 2016-08-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.

The Interaction Between Europe's Legal Systems

Author : Giuseppe Martinico
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005664
Total Pages : 273 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis The Interaction Between Europe's Legal Systems by : Giuseppe Martinico

Download or read book The Interaction Between Europe's Legal Systems written by Giuseppe Martinico and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

Domestic Judicial Treatment of European Court of Human Rights Case Law

Author : David Kosař
Publisher : Routledge
ISBN 13 : 1000036596
Total Pages : 252 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Domestic Judicial Treatment of European Court of Human Rights Case Law by : David Kosař

Download or read book Domestic Judicial Treatment of European Court of Human Rights Case Law written by David Kosař and published by Routledge. This book was released on 2020-02-28 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.

Towards a European Public Law

Author : Bernard Stirn
Publisher : Oxford University Press
ISBN 13 : 0192506617
Total Pages : 200 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Towards a European Public Law by : Bernard Stirn

Download or read book Towards a European Public Law written by Bernard Stirn and published by Oxford University Press. This book was released on 2017-04-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.

The National Judicial Treatment of the ECHR and EU Laws

Author : Giuseppe Martinico
Publisher : Europa Law Publishing
ISBN 13 : 9789089520692
Total Pages : 532 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis The National Judicial Treatment of the ECHR and EU Laws by : Giuseppe Martinico

Download or read book The National Judicial Treatment of the ECHR and EU Laws written by Giuseppe Martinico and published by Europa Law Publishing. This book was released on 2010 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have national judges started treating the provisions of the European Convention on Human Rights the same way they treat the EC law's norms? In order to answer this question, the editors of this book included scholars from the countries that are members both of the EU and the Council of Europe. The book collects the proceeding of an international conference held January 16-17, 2010, at the Scuola Superiore Sant'Anna of Pisa.

Interlocking Constitutions

Author : Luis I Gordillo
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319335
Total Pages : 410 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Interlocking Constitutions by : Luis I Gordillo

Download or read book Interlocking Constitutions written by Luis I Gordillo and published by Bloomsbury Publishing. This book was released on 2012-04-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

Judgments of the European Court of Human Rights – Effects and Implementation

Author : Anja Seibert-Fohr
Publisher : Routledge
ISBN 13 : 1317110137
Total Pages : 322 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Judgments of the European Court of Human Rights – Effects and Implementation by : Anja Seibert-Fohr

Download or read book Judgments of the European Court of Human Rights – Effects and Implementation written by Anja Seibert-Fohr and published by Routledge. This book was released on 2017-05-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the domestic effects of judgments of the European Court of Human Rights as a challenge to the various levels of legal orders in Europe. The starting point is the divergent impact of the ECtHR’s jurisdiction within the Convention States. The volume seeks new methods of orientation at the various legal levels, given the fact that the Strasbourg case law is increasingly important for most areas of society. Topical tendencies in the case law of the Court are highlighted and discussed against the background of the principle of subsidiarity. The book includes a detailed analysis of the scope, reach, consequences and implementation of the Court’s judgments and of the issue of concomitant damages. At the same time the volume deals with the role of domestic jurisdictions in implementing the ECtHR’s judgments. Distinguished Judges, legal academics and practitioners from various Council of Europe States are among the contributors to this volume, which succeeds in bringing divergent points of view into the discussion and in developing strategies for conflict resolution.

Shaping Rights in the ECHR

Author : Eva Brems
Publisher : Cambridge University Press
ISBN 13 : 1107729696
Total Pages : 379 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis Shaping Rights in the ECHR by : Eva Brems

Download or read book Shaping Rights in the ECHR written by Eva Brems and published by Cambridge University Press. This book was released on 2014-01-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.

Shifting Centres of Gravity in Human Rights Protection

Author : Oddný Mjöll Arnardóttir
Publisher : Routledge
ISBN 13 : 1317309103
Total Pages : 208 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Shifting Centres of Gravity in Human Rights Protection by : Oddný Mjöll Arnardóttir

Download or read book Shifting Centres of Gravity in Human Rights Protection written by Oddný Mjöll Arnardóttir and published by Routledge. This book was released on 2016-02-26 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.

The Fragmented Landscape of Fundamental Rights Protection in Europe

Author : Lorenza Violini
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436051
Total Pages : pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Fragmented Landscape of Fundamental Rights Protection in Europe by : Lorenza Violini

Download or read book The Fragmented Landscape of Fundamental Rights Protection in Europe written by Lorenza Violini and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.

The Convergence of the Fundamental Rights Protection in Europe

Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 940177465X
Total Pages : 235 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis The Convergence of the Fundamental Rights Protection in Europe by : Rainer Arnold

Download or read book The Convergence of the Fundamental Rights Protection in Europe written by Rainer Arnold and published by Springer. This book was released on 2016-04-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

A Cosmopolitan Legal Order

Author : Alec Stone Sweet
Publisher : Oxford University Press
ISBN 13 : 019882534X
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis A Cosmopolitan Legal Order by : Alec Stone Sweet

Download or read book A Cosmopolitan Legal Order written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2018 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace, and to the elaboration of a Kantian-congruent model of constitutional justice, both within and beyond the nation state. Part II applies this theoretical framework to explain the gradual constitutionalization of a cosmopolitan legal order a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The book argues that this order has emerged in Europe thanks to the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights and the incorporation of the Convention into national law. The book covers the strengthening of the Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to "qualified" rights, including privacy and family life, freedoms of speech, assembly, the press, conscience, and religion; the robust enforcement of "absolute" rights, including the prohibition of torture and inhuman treatment; and the Court's aim to render justice to all people that come under its jurisdiction, even non-citizens who live - and whose rights are violated - beyond Europe. It explains how the European Court of Human Rights has become one of the most active and important advocates for human rights in the world, while helping to construct a nascent cosmopolitan constitution in Europe.

The Impact of the European Convention on Human Rights on Russian Law

Author : Anton Burkov
Publisher : Columbia University Press
ISBN 13 : 3838256395
Total Pages : 162 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis The Impact of the European Convention on Human Rights on Russian Law by : Anton Burkov

Download or read book The Impact of the European Convention on Human Rights on Russian Law written by Anton Burkov and published by Columbia University Press. This book was released on 2007-05-02 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the practice of Russia honoring her legal obligations under the European Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion that the impact of the ECHR on the Russian legal system, in terms of its implementation by domestic courts, is unsatisfactory. The jurisprudence of the Supreme Court and Supreme Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being applied, rather than to implement the ECHR. In contrast, the jurisprudence emerging from decisions of the Russian Federation's Constitutional Court and district courts indicates a better understanding of the spirit of the ECHR. Still, the rare instances in which domestic courts implemented the ECHR were, more often than not, prompted by applicants' arguments based on ECHR case-law, rather than by the courts. The book suggests methods of ensuring a more effective implementation of the ECHR's provisions within Russian national law. It develops recommendations on how to assess the Russian government's compliance with judgments of the European Court of Human Rights, and how to interpret explanations submitted by Russia to the Secretary General of the Council of Europe on her implementation of the ECHR.

Domestic Application of the ECHR

Author : Eirik Bjorge
Publisher : Oxford University Press
ISBN 13 : 0191061336
Total Pages : 240 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Domestic Application of the ECHR by : Eirik Bjorge

Download or read book Domestic Application of the ECHR written by Eirik Bjorge and published by Oxford University Press. This book was released on 2015-10-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-à-vis the European Court. The proper role played by the domestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it is because the application of the Convention has been entrusted to them by the other organs of the municipal state; in certain cases municipal principles of the separation of powers have an important bearing on domestic interpretation and application of the Convention. Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.

The European Court of Human Rights between Law and Politics

Author : Jonas Christoffersen
Publisher : OUP Oxford
ISBN 13 : 0191621900
Total Pages : 256 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2011-06-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.