The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?
Nina-Louisa Arold. Lorenz
Bok Engelsk 2013 · Electronic books.
| Annen tittel | |
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| Medvirkende | |
| Utgitt | Leiden : : BRILL, , 2013.
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| Omfang | 1 online resource (309 p.)
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| Opplysninger | Description based upon print version of record.. - The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?; Copyright; Table of Contents; Acknowledgements; Foreword; Introduction; Aim and Purpose; Significance; Methodology; Outline; 1 Background of the Paradox (Looking Inside the Paradox Box) - History, Procedure, Symbols and the Family; 1.1. CJEU and ECtHR: Brief Historical, Procedural Comparison; 1.1.1. ECtHR in a Nutshell; 1.1.2. Procedure at CJEU in a Nutshell; 1.2. "We Are Family!" - Meet the Family: Judges, Advocates General and Clerks; 1.2.1. Two European Families - ECtHR and CJEU in Figures. - 1.2.2. Family Portraits (Judges and Advocates General)1.2.3. A Judge's Diary - Schedule of a Week; 1.2.4. Becoming Part of the Family; 1.2.4.1. Selection; 1.2.4.2. The Judges - Integration into the Family; 1.2.4.3. The Advocates General; 1.2.4.4. Clerks; 1.3. "Thou Shall Not Dissent - And No Way in English!"; 1.3.1. French Structure - No Dissent; 1.3.2. French Language; 1.3.2.1. Working Tool; 1.3.2.2. Influence on Legal Thought; 1.4. Sources and Anchors: Meeting Don Quixote, the Cyclopes and Marilyn Monroe at the Court - No Court is an Island. - 1.5. "Twelve - A Lucky Number?": The Symbols and Architecture of (European) Justice1.5.1. Symbols; 1.5.2. Architecture - The Look of Justice; 1.5.2.1. Visiting Strasbourg - ECtHR; 1.5.2.2. Visiting Luxembourg - CJEU; 1.6. Conclusion: Both the Same and Different; 2 The Margin of Appreciation in Strasbourg and Luxembourg; 2.1. General Points on the Margin of Appreciation Doctrine; 2.2. The Development of the Doctrine of Margin of Appreciation in ECHR Law; 2.2.1. The Origins of the Doctrine of Margin of Appreciation; 2.2.2. Emergence through the Case Law of the European Court of Human Rights. - 2.2.3. Limitations and the Methodology of the European Court of Human Rights2.2.4. Three Core Elements; 2.2.4.1. Prescribed by Law / In Accordance with Law; 2.2.4.2. Legitimate Aim; 2.2.4.3. Necessary in a Democratic Society; 2.2.5. Varying Views on an Elusive Doctrine; 2.2.6. Theoretical Vision or Theoretical Gap?; 2.3. The Development of the Doctrine of Margin of Appreciation in EU Law; 2.3.1. Margin of Appreciation in EU Law; 2.3.2. The Doctrine of Deference; 2.3.3. Article 4(2) TEU and the Legalisation of National Ideology; 2.3.4. The Rise of Article 4(2) TEU Case Law. - 2.3.5 The Doctrine of Deference and the EUCFR2.4. Conclusion; 3 Europe's Rich Diversity - 27 Different Countries on the Bench: How Differences Matter in the Decision Making; 3.1. Vocation; 3.2. Historical-Political Division of Former East/West Bloc; 3.3. Legal Families, Legal Traditions; 3.3.1. Nationality Blindness on the Bench; 3.3.2. Styles; 3.3.3. Comparative Approach; 3.3.4. Testing the Pulse; 3.4. Consensus, Forging Minds Together; 3.5. Conclusion and Vision; 4 Human Rights - Who Owns Human Rights in Europe?; 4.1. Luxembourg's Human Rights Competence: Opening a Pandora's Box. - 4.1.1. Historical Development. - The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? analyses the political term "European Human Rights Culture", a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court
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| Emner | |
| Sjanger | |
| Geografisk emneord | Europa : (NO-TrBIB)HUME02153
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| ISBN | 9789004258433
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