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The Architecture of Fundamental Rights in the European Union

The Architecture of Fundamental Rights in the European Union

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509940585
  • 出版时间 February 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509955503
¥1,057.50
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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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