Fundamental Rights Challenges: Horizontal Effectiveness, Rule of Law and Margin of National Appreciation

ISBN-13: 9783030727970 / Angielski / Twarda / 2021 / 298 str.

Cristina Izquierdo-Sans; Carmen Mart?nez-Capdevila; Magdalena Nogueira-Guastavino

Spis treści

Part I – The Effectiveness of Fundamental Rights in Relations between Private Individuals: The Recurring Debate on the Horizontal Effect of Fundamental Rights. Constitutional Approaches by Marian Ahumada.- The Horizontal Effect of the EU Charter of Fundamental Rights in the Case Law of the Court of Justice by Juan Ignacio Ugartemendia.- The Concept of ‘State’ for the Purposes of the EU Charter of Fundamental Rights by Carmen Martínez-Capdevila.- A Principle Vanishes and a Right Arises: Paid Annual Leave as a Fundamental Right and its Impact on Liability for Breach of EU Law by Magdalena Nogueira-Guastavino.- Fundamental Rights and Horizontal Direct Effect under the Charter by Nuria Bermejo.- The Horizontal Effect of Social Rights in the Light of the European Social Charter and the European Committee of the Social Rights Case Law by Amaya Úbeda de Torres.- Still on Hijab Bans in the Workplace. À propos de, Joseph H. H. Weiler, ‘Je suis Achbita!’ by Pedro Cruz Villalón.- Part II – Human Rights and the Rule of Law: Populism and Human Rights. From Disenchantment to Democratic Riposte by Laurence Burgorgue-Larsen.- Rule of Law and Judicial Independence in the Light of CJEU and ECtHR Case- law by Paz Andrés-Sáenz de Santa María.- Judicial Protection against Austerity Measures in the EU by Manuel López-Escudero.- The Overlap between the Principles of Effectiveness and Effective Judicial Protection in EU Law by Fernando Pastor-Merchante.- Part III – The National Margin of Appreciation in Luxembourg and Strasbourg: The Margin of Appreciation in the Case Law of the Court of Justice: Proportionality and Levels of Fundamental Rights Protection by José A. Gutiérrez-Fons.- International Deference, the Vague National Margin of Appreciation and Procedural Review by Javier García-Roca.- The National Margin of Appreciation in the Reform of the Strasbourg System by Cristina Izquierdo-Sans.- A Silent Revolution. Property and Free Enterprise Before the Spanish Constitutional Court by José María Rodríguez de Santiago and Luis Arroyo-Jiménez.

O autorze

Dr Cristina Izquierdo-Sans is Tenured Senior Lecturer in Public International Law at the Universidad Autónoma de Madrid (UAM), Spain (1994-2005 and 2015-at now).  Law Clerk at the Spanish Constitutional Court (2005-2014). Lecturer of Public International Law (UAM, 1991-94). Fields of specialization: Public International Law, Constitutional Law and European Union Law. Currently her research focuses on human rights. Other academic and professional activities: Vice Dean for International Relations, UAM; Vice Dean for Research and Economic Affairs, UAM; Director of the Department of Public Law, Faculty of Law, UAM (2017-2020).

Dr Carmen Martínez-Capdevila is Tenured Senior Lecturer in International and European Union Law at the Universidad Autónoma de Madrid (Spain).  She has worked as a counsellor at the Office of International Law at the Spanish Ministry of Foreign Affairs (2014-2018) and as an expert advisor of a member of the European Convention, which elaborated the Draft Treaty establishing a Constitution for Europe (2003).  Her research focuses on the law of treaties and European Union law.

Dr Magdalena Nogueira-Guastavino is Full Professor in Labor Law at the Universidad Autónoma de Madrid (UAM) Spain. Doctor in Law, Magna cum laude and PhD extraordinary award from the Faculty of Law of the UAM (1997), she was working at the Spanish Constitutional Court as a Law Clerk for 7 years (2000-2007). Vice President and General Secretary of the Spanish Association of Labor Law and Social Security (2004-2013). Her research focuses on Labor Law, national and international, with special interest in issues of fundamental labor rights and European Social Law.

 

Blurb

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. 

Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.