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The Convergence of the Fundamental Rights Protection in Europe

  • Book
  • © 2016

Overview

Editors:
  1. Rainer Arnold

    1. Faculty of Law, University of Regensburg, Regensburg, Germany

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  • Contributors from internationally renowned academics and constitutional court judges
  • Includes contributions from most European countries
  • Highlights the convergence of fundamental rights in Europe- one of the hottest topics in constitutional law today?
  • Includes supplementary material: sn.pub/extras

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 52)

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Table of contents (13 chapters)

  1. Front Matter

    Pages i-xiii
    Download chapter PDF

  2. Aspects of Fundamental Rights Convergence in Europe with Some Comparative References to the Developments in Germany, United Kingdom and France

    • Rainer Arnold, Eva Feldbaum
    Pages 1-12

  3. Convergence of the Protection of Fundamental Rights Between the Spanish Constitutional Court and the European Court of Human Rights

    • Pedro Julio Tenorio Sánchez
    Pages 13-27

  4. Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience

    • Luca Mezzetti
    Pages 29-69

  5. Discrimination and Equality: Affirmative Action in Spain and in the European Union

    • María Cristina Hermida del Llano
    Pages 71-83

  6. The Nordic States and the European Convention on Human Rights

    • Joakim Nergelius
    Pages 85-98

  7. Fundamental Freedoms and Rights in Contemporary Europe

    • Bogusław Banaszak
    Pages 99-111

  8. Human Rights in Romanian Courts: A European Perspective?

    • Bianca Selejan-Guţan
    Pages 113-126

  9. Fundamental Rights and Freedoms in Turkey and the Turkish Constitutional Court

    • Merih Öden, Selin Esen
    Pages 127-162

  10. Fundamental Rights Protection in a New Constitution: The Example of Kosovo

    • Arbëresha Raça Shala
    Pages 163-184

  11. Protection of Human Rights in the European Union

    • Viktor Muraviov, Olena Sviatun
    Pages 185-197

  12. Access to Services of General Economic Interest Under Article 36 of the Charter of Fundamental Rights EU and the National Law

    • Jiří Zemánek
    Pages 199-214

  13. Human Dignity and European Constitutionalism: Flatus Vocis or Ratio Decidendi?

    • Antonio-Carlos Pereira-Menaut, María-Carolina Pereira-Sáez
    Pages 215-235

  14. Erratum to: The Convergence of the Fundamental Rights Protection in Europe

    • Rainer Arnold
    Pages E1-E1
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Keywords

About this book

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 ofnational 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. 

Editors and Affiliations

  • Faculty of Law, University of Regensburg, Regensburg, Germany

    Rainer Arnold

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