Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but also need to have a clear understanding of the human rights catalogue that is to be applied, i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights. This book zooms in on various aspects of the interaction between courts in the complex European...
Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not onl...
For some time now, the European Court of Human Rights has been under substantial pressure. The Court has stumbled into a legitimacy crisis with regard to certain countries that needs to be taken seriously, since scholars warn that institutions with eroding legitimacy risk must demise or reform. The goal of this volume is to explore how widespread this critical attitude of the European Court of Human Rights really is. It also assesses to what extent such criticism is being translated into strategies at the political level or at the judicial level to bring about concrete changes in the dynamics...
For some time now, the European Court of Human Rights has been under substantial pressure. The Court has stumbled into a legitimacy crisis with regard...