Authors:
- Unique methodological approach based on doctrinal legal analysis, theoretical socio-legal insights and empirical data
- Original empirical data deriving from more than 30 interviews with the Judges of the two European Courts, EU and Council of Europe's officials and policy makers
- Timely placed within a new and emerging scholarship on European integration and the dynamics of the relationship between the EU and CoE
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Table of contents (7 chapters)
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Front Matter
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Back Matter
About this book
This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The ‘existential’ crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights’ regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.
Keywords
- European Union
- Fundamental rights
- European integration
- Legal pluralism
- Council of Europe
- Socio-legal methodology
- CoE
- EU
- EJEU
- ECtHR
- Constitutionalism
- Fundamental freedom
- EU accession
- Court of Justice of the European Union
- European Court of Human Rights
- European Convention on Human Rights
- ECHR
- Lisbon Treaty
- Integration Through Rights
- Brexit
Authors and Affiliations
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School of Law, Oxford Brookes University, Oxford, UK
Sonia Morano-Foadi
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Brunel Law School, Brunel University London, Uxbridge, UK
Stelios Andreadakis
Bibliographic Information
Book Title: Protection of Fundamental Rights in Europe
Book Subtitle: The Challenge of Integration
Authors: Sonia Morano-Foadi, Stelios Andreadakis
DOI: https://doi.org/10.1007/978-3-030-42367-4
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-42366-7Published: 15 May 2020
Softcover ISBN: 978-3-030-42369-8Published: 16 May 2021
eBook ISBN: 978-3-030-42367-4Published: 14 May 2020
Edition Number: 1
Number of Pages: XXIII, 238
Number of Illustrations: 2 b/w illustrations, 6 illustrations in colour
Topics: European Law, Human Rights, European Union Politics, Social Justice, Equality and Human Rights