Resolving conflict in European fundamental rights protection / Šejla Imamovic.

Format:

Book

Author/Creator:

Imamovic, Šejla, author.

Series:

Modern Studies in European Law

Language:

English

Subjects (All):

Civil rights--European Union countries.

Civil rights.

Physical Description:

1 online resource (257 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Place of Publication:

London [England] : Hart Publishing, 2021.

Summary:

"This is the first book that analyses the protection of fundamental rights in the EU and ECHR from a European perspective. With great analytical precision, it sets out all the central aspects of the new EU rights landscape. Its case law analysis allows for a deep understanding of what the courts do and why. This is a welcome additional to EU fundamental rights literature."-- Provided by publisher.

Contents:

Intro

Foreword

Acknowledgements

Contents

Table of Cases

Table of Legislation

Table of Institutional Documents

Introduction

I. Aims and Scope of this Book

II. Structure and Outline of Chapters

PART I: THE NEW EUROPEAN FUNDAMENTAL RIGHTS ARCHITECTURE

1. The Development of EU Fundamental Rights Law

I. Introduction

II. The Creation of the European Community and the Silence on Human Rights

III. Fundamental Rights as General Principles of EU Law

IV. Fundamental Rights Protection in Post-Lisbon Europe

V. Some Reflections on the Role and Place of Fundamental Rights in EU Law

VI. Conclusion

2. A European Web of Human Rights Regimes: Th e EU, the ECHR and the National Legal Systems

II. EU Law, the ECHR and the Strasbourg Court

III. EU Law, the ECHR and the Luxembourg Court

IV. Recent Developments in the Relationship between the Strasbourg and Luxembourg Courts

V. EU Law, the ECHR and National Courts

PART II: CONVERGENCE AND CONFLICTS IN EUROPEAN FUNDAMENTAL RIGHTS STANDARDS

3. Case Study I: The Dublin System

II. Mutual Trust and Recognition in the AFSJ

III. The Dublin System

IV. The Evolving Case Law on Dublin Transfers - A Retrospective Outlook

V. The Systemic Deficiencies Criteria and the Limits to Mutual Trust

4. Case Study II: The European Arrest Warrant

II. European Arrest Warrant

III. Validity Challenge in Abstracto

IV. The Fundamental Rights/Mutual Trust Nexus

V. The Aftermath of Aranyosi and Căldăraru

VI. The EAW and Independence of the Judiciary

VII. Execution of the EAW and Compliance with Fundamental Rights - in Search of Guidelines for National Courts

VIII. Conclusion

PART III: TOWARDS NORMATIVE CONSISTENCY IN EUROPEAN FUNDAMENTAL RIGHTS LAW.

5. Conflict Rules in National, European and International Law

II. Defining Treaty Conflict

III. National Law and National Constitutions

IV. Conflict Clauses in the Treaties

V. Conflict Rules in International Law

6. Scenarios from the Member States

II. Conform Interpretation

III. Giving Priority to the ECHR

IV. Reframing the Conflict

V. The Preliminary Reference Procedure

VI. National Courts' Approaches to Conflicts between EU and ECHR Law - An Overall Assessment and Conclusions

Conclusion

Bibliography

Index.

ISBN:

9781509940615

1509940618

9781509940608

150994060X

OCLC:

1293244469