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"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 HumanRights (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"--
List of contents
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 ECHR 6. 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
About the author
Kanstantsin Dzehtsiarou is Lecturer in Law at the University of Surrey, UK.
Theodore Konstadinides is Lecturer in Law at the University of Surrey, UK.
Tobias Lock is Lecturer in Law at the University of Surrey, UK.
Noreen O'Meara is Lecturer in Law at the University of Surrey, UK
