
Shifting Centres of Gravity in Human Rights Protection
Rethinking Relations between the ECHR, EU, and National Legal Orders
Routledge (Publisher)
1st Edition
Published on 14. August 2020
Book
Paperback/Softback
208 pages
978-0-367-59701-6 (ISBN)
Description
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-a-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.
Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
More details
Series
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Postgraduate and Undergraduate
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 12 mm
Weight
348 gr
ISBN-13
978-0-367-59701-6 (9780367597016)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Oddny Mjoell Arnardottir | Antoine Buyse
Shifting Centres of Gravity in Human Rights Protection
Rethinking Relations between the ECHR, EU, and National Legal Orders
Book
03/2016
1st Edition
Routledge
€231.50
Shipment within 10-20 days

Oddny Mjoell Arnardottir | Antoine Buyse
Shifting Centres of Gravity in Human Rights Protection
Rethinking Relations between the ECHR, EU, and National Legal Orders
E-Book
02/2016
1st Edition
Routledge
€52.49
Available for download

Oddny Mjoell Arnardottir | Antoine Buyse
Shifting Centres of Gravity in Human Rights Protection
Rethinking Relations between the ECHR, EU, and National Legal Orders
E-Book
02/2016
1st Edition
Routledge
€52.49
Available for download
Persons
Oddny Mjoell Arnardottir is Professor of Human Rights Law at the University of Iceland and Chairperson of its Human Rights Institute.
Antoine Buyse is Professor of Human Rights and Director of the Netherlands Institute of Human Rights (SIM) at Utrecht University.
Antoine Buyse is Professor of Human Rights and Director of the Netherlands Institute of Human Rights (SIM) at Utrecht University.
Editor
University of Iceland
University of Utrecht, Netherlands
Content
1. Introduction, Oddny Mjoell Arnardottir and Antoine Buyse Part I: In Search of a Centre of Gravity 2. The Paradox of Human Rights Protection in Europe: Two Courts, One Goal? Xavier Groussot, Nina-Louisa Arold Lorenz and Gunnar Thor Petursson 3. The Role of the European Court of Human Rights in the Changing European Human Rights Architecture, Davi? ?or Bjoergvinsson 4. The European Court of Human Rights and National Courts: A Constitutional Relationship?, Geir Ulfstein 5. National Courts and Judicial Disobedience to the ECHR: A Comparative Overview, Giuseppe Martinico 6. The Advisory Jurisdiction of the ECtHR under Protocol No.16: Enhancing Domestic Implementation of Human Rights or a Symbolic Step? Bjoerg Thorarensen Part II: European Rights and National Implementation: Rethinking the status quo 7. Flying or Landing? The Pilot Judgment Procedure in the Changing European Human Rights Architecture Antoine Buyse 8. The Court of Justice and Fundamental Rights: If Margin of Appreciation is the Solution, What is the Problem? Niamh Nic Shuibhne 9. From Flexible to Variable Standards of Judicial Review: The Responsible Domestic Courts Doctrine at the European Court of Human Rights Basak Cali 10. Speaking the Same Language? Comparing Judicial Restraint at the ECtHR and the ECJ Oddny Mjoell Arnardottir and Dora Gu?mundsdottir 11. Squaring the Circe at the Battle at Brighton: Is the War between Protecting Human Rights or Respecting Sovereignty Over, or Has it Just Begun?, Andreas Follesdal