9780415825993 hardback 0415825997 hardback 9780203538029 (e-book) 0203538021 (e-book)
Routledge research in human rights law.
"This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). The contributions by leading scholars assess the organic relationship between the two courts as well as the influence of the CJEU and the ECtHR on legal developments in the Member States / High Contracting Parties. Focusing on the role of Europe's two primary international courts by examining the overlapping relationship between them both collectively and within individual substantive areas the chapters set out specific case-studies illustrating the tensions and synergies that emerge from the EU-ECHR symbiosis"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction / Sanstantsin Dzehtsiarou and Tobias Lock When elephants fight, it is the grass that suffers : 'hegemonic struggle' in Europe and its side-effects for international law / Vassilis P. Tzevelekos A reminiscence of Westphalia : inter-party cases after the EU's accession to the ECHR and the EU's potential as a human rights litigator / Paul Gragl Why the road from Luxembourg to Strasbourg leads through Venice : the Venice Commission as a link between the EU and the ECHR / Lauri Bode-Kirchhoff Three levels of dialogue in precident formation at the CJEU and ECtHR / Bilyana Petkova Introduction / Theodore Konstadinides and Noreen O' Meara The presumption of equivalent protection rebutted : the right to a fair trial in criminal proceedings in the ECHR and EU Law / Alexandros-Ioannis Kargopoulos The right to strike : a jurisprudential gulf between the CJEU and ECtHR / Amy Ludlow Labour law, the industrial constitution and the EU's accession to the ECHR : the constitutional nature of the market and the limits of rights-based approaches to labour law / Luke Mason The relationship between the CJEU and the ECtHR : the case of asylum / Francesca Ippolito and Samantha Velluti A tale of two cities : positive action as 'full equity' in Luxembourg and Strasbourg / Panos Kapotas Concluding remarks / Paul Mahoney.
KJC5132 .H8636 2014
London ; New York : Routledge, Taylor & Francis Group, 2014.