The Convergence of the Fundamental Rights Protection in Europe

  • Rainer Arnold

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 52)

Table of contents

  1. Front Matter
    Pages i-xiii
  2. Bianca Selejan-Guţan
    Pages 113-126
  3. Viktor Muraviov, Olena Sviatun
    Pages 185-197
  4. Antonio-Carlos Pereira-Menaut, María-Carolina Pereira-Sáez
    Pages 215-235

About this book

Introduction

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States, of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

Keywords

Böckenförde’s Dictum Constitutional Courts EU Fundamental Rights Charter European Convention of Human Rights European Court of Justice Federal Constitutional Court of Germany Fundamental Rights Charter of the European Union Fundamental Rights Protection Fundamental Rights in France Fundamental Rights in Spain National Constitutional Law Polish Constitutional Court Slovenian Constitutional Jurisprudence Treaty of Lisbon

Editors and affiliations

  • Rainer Arnold
    • 1
  1. 1.Faculty of LawUniversity of RegensburgRegensburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-017-7465-9
  • Copyright Information Springer Science+Business Media Dordrecht 2016
  • Publisher Name Springer, Dordrecht
  • eBook Packages Law and Criminology
  • Print ISBN 978-94-017-7463-5
  • Online ISBN 978-94-017-7465-9
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • About this book