The convergence of the fundamental rights protection in Europe / Rainer Arnold, editor.
2016
KJC5132 .C668 2016 (Mapit)
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Title
The convergence of the fundamental rights protection in Europe / Rainer Arnold, editor.
Added Author
Imprint
Dordrecht, Netherlands : Springer Science and Business Media, 2016.
Description
xiii, 214 pages ; 25 cm.
Series
Ius gentium (Dordrecht, Netherlands) ; v. 52.
Formatted Contents Note
Aspects of fundamental rights convergence in Europe with some comparative references to the developments in Germany, United Kingdom and France / Arnold, Rainer, and Feldbaum, Eva
Convergence of the protection of fundamental rights between the Spanish Constitutional Court and the European Court of Human Rights / Tenorio Sánchez, Pedro Julio
Human rights, between supreme court, constitutional court and supranational courts: the Italian experience / Mezzetti, Luca
Discrimination and equality: affirmative action in Spain and in the European Union / Hermida del Llano, María Cristina
The Nordic states and the European Convention on Human Rights / Nergelius, Joakim
Fundamental freedoms and rights in contemporary Europe / Banaszak, Bogusław
Human rights in Romanian courts: a European perspective? / Selejan-Guţan, Bianca
Fundamental rights and freedoms in Turkey and the Turkish Constitutional Court / Öden, Merih, and Esen, Selin
Fundamental rights protection in a new constitution: the example of Kosovo / Shala, Arbëresha Raça
Protection of human rights in the European Union / Muraviov, Viktor, and Sviztun, Olena
Access to services of general economic interest under Article 36 of the Charter of Fundamental Rights EU and the national law / Zemánek, Jiří.
Convergence of the protection of fundamental rights between the Spanish Constitutional Court and the European Court of Human Rights / Tenorio Sánchez, Pedro Julio
Human rights, between supreme court, constitutional court and supranational courts: the Italian experience / Mezzetti, Luca
Discrimination and equality: affirmative action in Spain and in the European Union / Hermida del Llano, María Cristina
The Nordic states and the European Convention on Human Rights / Nergelius, Joakim
Fundamental freedoms and rights in contemporary Europe / Banaszak, Bogusław
Human rights in Romanian courts: a European perspective? / Selejan-Guţan, Bianca
Fundamental rights and freedoms in Turkey and the Turkish Constitutional Court / Öden, Merih, and Esen, Selin
Fundamental rights protection in a new constitution: the example of Kosovo / Shala, Arbëresha Raça
Protection of human rights in the European Union / Muraviov, Viktor, and Sviztun, Olena
Access to services of general economic interest under Article 36 of the Charter of Fundamental Rights EU and the national law / Zemánek, Jiří.
Summary
"The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey." -- Publisher's website and back cover.
Bibliography, etc. Note
Includes bibliographical references.
Location
STA
Call Number
KJC5132 .C668 2016
Language
English
ISBN
9789401774635 (hardback : acid-free paper)
9401774633 (hardback : acid-free paper)
9789401774659 (electronic book)
9401774633 (hardback : acid-free paper)
9789401774659 (electronic book)
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