Fundamental rights challenges : horizontal effectiveness, rule of law and margin of national appreciation
著者
書誌事項
Fundamental rights challenges : horizontal effectiveness, rule of law and margin of national appreciation
Springer, c2021
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注記
Includes bibliographical references
内容説明・目次
内容説明
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 It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary.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.
目次
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 Martinez-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 Ubeda de Torres.- Still on Hijab Bans in the Workplace. A propos de, Joseph H. H. Weiler, 'Je suis Achbita!' by Pedro Cruz Villalon.- 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 Andres-Saenz de Santa Maria.- Judicial Protection against Austerity Measures in the EU by Manuel Lopez-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 Jose A. Gutierrez-Fons.- International Deference, the Vague National Margin of Appreciation and Procedural Review by Javier Garcia-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 Jose Maria Rodriguez de Santiago and Luis Arroyo-Jimenez.
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