The Fragmented Landscape of Fundamental Rights Protection in Europe
The Role of Judicial and Non-Judicial Actors
Published on 26. October 2018
Book
Hardback
256 pages
978-1-78643-604-7 (ISBN)
Description
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.
With engaging contributions from both scholars and practitioners, the chapters consider 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 contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.
Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.
Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini
With engaging contributions from both scholars and practitioners, the chapters consider 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 contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.
Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.
Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini
Reviews / Votes
'Each contribution in this compendium is well researched and worth reading, making the volume an impeccable resource for anyone interested in the question of fragmentation of fundamental rights protection.' -- Christian Breitler, European Yearbook on Human RightsMore details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78643-604-7 (9781786436047)
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
Persons
Edited by Lorenza Violini, Full Professor of Constitutional Law, University of Milan and Antonia Baraggia, Assistant Professor of Comparative Public Law, Department of Italian and Supranational Public Law, University of Milan, Italy
Content
Contents:
The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction
Lorenza Violini and Antonia Baraggia
Part I THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE
1. Human Rights Inflation in the European Union
Matej Avbelj
2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions
Federico Fabbrini
3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold
Oreste Pollicino
Part II COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION
4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape
Sejla Imamovic
5. The Bundesverfassungsgericht's Human Dignity Review: Solange III and its Application in Subsequent Case Law
Clara Rauchegger
6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems
Luca Pietro Vanoni
Part III THE 'HIDDEN' SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES
7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights
Lorenza Violini
8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe
Katrien Meuwissen
9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape
Maria Elena Gennusa
10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission
Simona Granata-Menghini and Stefania Ninatti
Index
The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction
Lorenza Violini and Antonia Baraggia
Part I THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE
1. Human Rights Inflation in the European Union
Matej Avbelj
2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions
Federico Fabbrini
3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold
Oreste Pollicino
Part II COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION
4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape
Sejla Imamovic
5. The Bundesverfassungsgericht's Human Dignity Review: Solange III and its Application in Subsequent Case Law
Clara Rauchegger
6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems
Luca Pietro Vanoni
Part III THE 'HIDDEN' SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES
7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights
Lorenza Violini
8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe
Katrien Meuwissen
9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape
Maria Elena Gennusa
10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission
Simona Granata-Menghini and Stefania Ninatti
Index