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Shifting Centres of Gravity in Human Rights Protection: Rethinking Relations Between the ECHR, EU, and National Legal Orders


ISBN13: 9781138121249
Published: March 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00



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The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, but also its positioning vis-à-vis fundamental rights protection in the European Union. The volume analyses how current developments reflect conflicting trends with regard to the positioning of this centre of gravity, and assesses the implications thereof for the future of European human rights protection. Having thus set the scene, the book takes a critical look at the tools that have been developed at the European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction, Oddný Mjöll Arnardóttir and Antoine Buyse

Part 1: In Search of a Centre of Gravity
2. The Paradox of Human Rights Protection in Europe: Two Courts, One Goal?, Xavier Groussot
3. The Role of the European Court of Human Rights in the Changing European Human Rights Architecture, Davíð Þór Björgvinsson
4. The European Court of Human Rights and National Courts: A Constitutional Relationship?, Geir Ulfstein
5. National Judges Between EU law and the ECHR: The Legacy of Kamberaj, Giuseppe Martinico
6. The Advisory Jurisdiction of the ECtHR under Protocol No.
16: Enhancing Domestic Implementation of Human Rights or a Symbolic Step?, Björg Thorarensen

Part 2: European Rights and National Implementation: Rethinking the status quo
7. Flying or Landing? The Future Position of the Pilot Judgment Procedure in the Changing European Human Rights Architecture, Antoine Buyse
8. The Court of Justice and Fundamental Rights: If Margin of Appreciation is the Solution, What is the Problem?, Niamh Nic Shuibhne
9. Towards a Responsible Domestic Courts Doctrine? The European Court of Human Rights and the Variable Standard of Judicial Review of Domestic Court Judgments, Basak Cali
10. Speaking the Same Language? Comparing Judicial Restraint at the ECtHR and the ECJ, Oddný Mjöll Arnardóttir and Dóra Guðmundsdóttir
11. Squaring the Circe at the Battle at Brighton: Is the War between Protecting Human Rights or Respecting Sovereignty Over, or Has it Just Begun?, Andreas Føllesdal

Series: Routledge Research in Human Rights Law

Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published January 2027
Routledge
£105.00
The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
To be published January 2026
Routledge
£90.00
£39.99
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Surveillance Law, Data Retention and Human Rights: A Risk to Democracy ISBN 9781032075990
Published September 2024
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£150.00
Civilian Drones, Visual Privacy and EU Human Rights Law (eBook) ISBN 9781000625530
Published January 2024
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Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183763
Published January 2024
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£39.99
Decisional Privacy and the Rights of the Child ISBN 9781032123462
Published October 2022
Routledge
£125.00
Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183725
Published July 2022
Routledge
£135.00
Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
Published July 2020
Routledge
£115.00
Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
Published July 2020
Routledge
Out of print
Human Rights and America's War on Terror ISBN 9780367499037
Published February 2020
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£39.99
Critical Indigenous Rights Studies ISBN 9780367481353
Published January 2020
Routledge
£39.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
Routledge
£120.00
Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
Routledge
£135.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
Routledge
Out of print
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
Routledge
£135.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
Out of print
Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£150.00
Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
Out of print
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
Routledge
Out of print
Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
Routledge
£135.00
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£45.99
£45.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£145.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£150.00
Out of print
Out of print
£150.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£49.99
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
Out of print
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£145.00
£53.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£150.00
Out of print
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£47.99
£150.00
£145.00
Out of print
Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£150.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
Out of print
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£150.00
£145.00
Out of print
£37.99
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
Out of print
Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£145.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
Out of print
Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£145.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
Out of print
Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£150.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£53.99
£145.00
Out of print
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
Out of print
The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£145.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£145.00
Out of print
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
Out of print
Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£145.00