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Fundamental Rights Challenges

Horizontal Effectiveness, Rule of Law and Margin of National Appreciation

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  • © 2021

Overview

  • Focuses on the current major issues concerning fundamental rights
  • Provides an in-depth analysis of the most recent judgments of the ECJ and the ECHR on horizontal effect of fundamental rights and on the rule of law
  • Intended for scholars and practitioners

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Table of contents (15 chapters)

  1. Human Rights and the Rule of Law

  2. The National Margin of Appreciation in Luxembourg and Strasbourg

Keywords

About this book

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. 
Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.





Editors and Affiliations

  • Faculty of Law, Universidad Autónoma de Madrid, Madrid, Spain

    Cristina Izquierdo-Sans, Carmen Martínez-Capdevila, Magdalena Nogueira-Guastavino

About the editors

Dr Cristina Izquierdo-Sans is Tenured Senior Lecturer in Public International Law at the Universidad Autónoma de Madrid (UAM), Spain (1994-2005 and 2015-at now).  Law Clerk at the Spanish Constitutional Court (2005-2014). Lecturer of Public International Law (UAM, 1991-94). Fields of specialization: Public International Law, Constitutional Law and European Union Law. Currently her research focuses on human rights. Other academic and professional activities: Vice Dean for International Relations, UAM; Vice Dean for Research and Economic Affairs, UAM; Director of the Department of Public Law, Faculty of Law, UAM (2017-2020).

Dr Carmen Martínez-Capdevila is Tenured Senior Lecturer in International and European Union Law at the Universidad Autónoma de Madrid (Spain).  She has worked as a counsellor at the Office of International Law at the Spanish Ministry of Foreign Affairs (2014-2018) and as an expert advisor of a member of the European Convention, which elaborated the Draft Treaty establishing a Constitution for Europe (2003).  Her research focuses on the law of treaties and European Union law.

Dr Magdalena Nogueira-Guastavino is Full Professor in Labor Law at the Universidad Autónoma de Madrid (UAM) Spain. Doctor in Law, Magna cum laude and PhD extraordinary award from the Faculty of Law of the UAM (1997), she was working at the Spanish Constitutional Court as a Law Clerk for 7 years (2000-2007). Vice President and General Secretary of the Spanish Association of Labor Law and Social Security (2004-2013). Her research focuses on Labor Law, national and international, with special interest in issues of fundamental labor rights and European Social Law.

 

Bibliographic Information

  • Book Title: Fundamental Rights Challenges

  • Book Subtitle: Horizontal Effectiveness, Rule of Law and Margin of National Appreciation

  • Editors: Cristina Izquierdo-Sans, Carmen Martínez-Capdevila, Magdalena Nogueira-Guastavino

  • DOI: https://doi.org/10.1007/978-3-030-72798-7

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-72797-0Published: 18 June 2021

  • Softcover ISBN: 978-3-030-72800-7Published: 19 June 2022

  • eBook ISBN: 978-3-030-72798-7Published: 17 June 2021

  • Edition Number: 1

  • Number of Pages: X, 298

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Human Rights, European Law, Constitutional Law

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