This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing 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). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law.
Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Foreword, Judge Dean Spielmann Part 1: Institutional Relations Between the EU, the ECHR and Stakeholders 1. Introduction, Kanstantsin Dzehtsiarou and Tobias Lock 2. When Elephants Fight, it is the Grass that Suffers: ‘Hegemonic Struggle’ in Europe and its Side-Effects for International Law, Vassilis P. Tzevelekos 3. 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 4. Why the Road from Luxembourg to Strasbourg Leads through Venice, Lauri Bode-Kirchhoff 5. Three Levels of Dialogue in Precident Formation at the CJEU and ECtHR, Bilyana Petkova Part 2: Protection of Procedurual and Substantive Rights in the EU and the ECHR6. Introduction, Theodore Konstadinides and Noreen O'Meara 7. The Presumption of Equivalent Protection Rebutted: The Right to a Fair Trial in Criminal Proceedings in the ECHR and EU Law, Alexandros-Ioannis Kargopoulos 8. The Right to Strik: A Jurisprudential Gulf Between the CJEU and ECtHR, Amy Ludlow 9. 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 A Tale of Two Cities: Positive Action as 'Full Equity' in Luxembourg and Strasbourg, Panos Kapotas Concluding Remarks, Paul Mahoney
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.