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© 2020

Protection of Fundamental Rights in Europe

The Challenge of Integration

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Table of contents

  1. Front Matter
    Pages i-xxiii
  2. Sonia Morano-Foadi, Stelios Andreadakis
    Pages 1-24
  3. Sonia Morano-Foadi, Stelios Andreadakis
    Pages 57-83
  4. Sonia Morano-Foadi, Stelios Andreadakis
    Pages 111-139
  5. Sonia Morano-Foadi, Stelios Andreadakis
    Pages 141-170
  6. Sonia Morano-Foadi, Stelios Andreadakis
    Pages 171-189
  7. Back Matter
    Pages 191-238

About this book

Introduction

This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The ‘existential’ crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights’ regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.

Keywords

European Union Fundamental rights European integration Legal pluralism Council of Europe Socio-legal methodology CoE EU EJEU ECtHR Constitutionalism Fundamental freedom EU accession Court of Justice of the European Union European Court of Human Rights European Convention on Human Rights ECHR Lisbon Treaty Integration Through Rights Brexit

Authors and affiliations

  1. 1.School of LawOxford Brookes UniversityOxfordUK
  2. 2.Brunel Law SchoolBrunel University LondonUxbridgeUK

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