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Protection of Fundamental Rights in Europe

The Challenge of Integration

Authors: Morano-Foadi, Sonia, Andreadakis, Stelios

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  • 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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  • ISBN 978-3-030-42367-4
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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.


Table of contents (7 chapters)

Table of contents (7 chapters)
  • Integration and Fundamental Rights in Europe

    Pages 1-24

    Morano-Foadi, Sonia (et al.)

  • Expanding Theories of Constitutionalism and Legal Pluralism: ‘Integration Through Rights’ in Europe

    Pages 25-56

    Morano-Foadi, Sonia (et al.)

  • Dialogic Constitutionalism and Its Application to Fundamental Rights

    Pages 57-83

    Morano-Foadi, Sonia (et al.)

  • European Integration Through Rights: A Balancing Exercise and the Quest for Uniformity

    Pages 85-110

    Morano-Foadi, Sonia (et al.)

  • The Concept of Agency in Making Policy on Fundamental Rights

    Pages 111-139

    Morano-Foadi, Sonia (et al.)

Buy this book

eBook $89.00
price for USA in USD
  • ISBN 978-3-030-42367-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $119.99
price for USA in USD
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Bibliographic Information

Bibliographic Information
Book Title
Protection of Fundamental Rights in Europe
Book Subtitle
The Challenge of Integration
Authors
Copyright
2020
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-42367-4
DOI
10.1007/978-3-030-42367-4
Hardcover ISBN
978-3-030-42366-7
Edition Number
1
Number of Pages
XXIII, 238
Number of Illustrations
2 b/w illustrations, 6 illustrations in colour
Topics

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