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Human Rights Law in Europe: The Influence, Overlaps and Contradictions of the EU and the ECHR

Edited by: Kanstantsin Dzehtsiarou, Theodore Konstadinides, Tobias Lock, Noreen O'Meara

ISBN13: 9780415825993
Published: March 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00
Paperback edition , ISBN13 9781138204553



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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.

Subjects:
Human Rights and Civil Liberties
Contents:
Foreword, Judge Dean Spielmann
1. Introduction

Part 1: Institutional Framework
2. When Elephants Fight, it is the Grass that Suffers: ‘Hegemonic Struggle’ in Europe and its Side-Effects for International Law, Vassilis P. Tzevelekos
3. Inter-Party Cases after Accession and the Autonomy of European Union Law, Paul Gragl
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

Part 2: Adjudicatory Approaches
5.The national constitutional identity clause: introducing a margin of appreciation doctrine into EU law?, Carina Alcoberro Llivina
6. The Role of Majoritarian Activism in Precedent Formation at the European Court of Justice and the European Court of Human Rights. What legitimacy models for what courts?, Bilyana Petkova
7. Coherence and Progress in the European protection of fundamental rights
friends or feuds?, Catherine Van de Heyning

Part 3: Procedural Rights and Substantive Rights Protection in the EU and the ECHR
8. The presumption of equivalent protection rebutted: the right to a fair trial in criminal proceedings and ne bis in idem in the ECHR and EU law, Alexandros-Ioannis Kargopoulos
9. Prison Officer Strike Action: The mouth-watering possibility of a high noon conflict between the European Courts?, Amy Ludlow
10. The relationship between the CJEU and ECtHR: the case of asylum, Francesca Ippolito and Samantha Velluti
11. From Strasbourg to Luxembourg and back again: Positive action as ‘full equality’ in the European legal order, Panos Kapotas

12. Conclusions

Series: Routledge Research in Human Rights Law

The Law and Practice of the European Social Committee ISBN 9780415834650
To be published December 2023
Routledge
£85.00
Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published December 2023
Routledge
£105.00
The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
To be published December 2022
Routledge
£90.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
To be published January 2022
Routledge
£120.00
Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
Published July 2020
Routledge
£30.83
(ePub)
Buy
Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
Published July 2020
Routledge
£120.00
Human Rights and America's War on Terror ISBN 9780367499037
Published February 2020
Routledge
£36.99
Critical Indigenous Rights Studies ISBN 9780367481353
Published January 2020
Routledge
£36.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
Routledge
£120.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
Routledge
£30.83
(ePub)
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Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
Routledge
£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
£30.83
(ePub)
Buy
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
Routledge
£120.00
Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
£30.83
(ePub)
Buy
Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£120.00
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
Routledge
£30.83
(ePub)
Buy
Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
Routledge
£120.00
£42.99
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£42.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£125.00
£32.49
(ePub)
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The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£130.00
£125.00
Out of print
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£44.99
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£125.00
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
£32.49
(ePub)
Buy
£46.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£125.00
£35.82
(ePub)
Buy
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£42.99
£125.00
£35.82
(ePub)
Buy
£125.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
£37.49
(ePub)
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Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£125.00
China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£125.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
£33.32
(ePub)
Buy
£39.16
(ePub)
Buy
£125.00
£34.99
Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£125.00
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
£35.82
(ePub)
Buy
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
£35.82
(ePub)
Buy
Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£125.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
£32.49
(ePub)
Buy
Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£130.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£46.99
£125.00
£29.16
(ePub)
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The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£125.00
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
£29.16
(ePub)
Buy
£39.16
(ePub)
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
£32.49
(ePub)
Buy