Conflicts of Rights in the European Union: A Theory of Supranational Adjudication (Oxford Studies in European Law) - Hardcover

Torres Pérez, Aida

Hardcover

ISBN 10: 0199568715 ISBN 13: 9780199568710

Publisher: OUP Oxford, 2009

Synopsis

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge.

From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level.

Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

About this title

About the Author

Aida Torres Pérez is Professor of Constitutional Law at Pompeu Fabra University (Barcelona) since 2005. She graduated in Law at Pompeu Fabra (1999), where she pursued doctoral studies (DEA 2003). She studied a Master of Laws at the Yale Law School (LL.M. 2002), where she also wrote her thesis and obtained her doctoral degree (JSD 2006). She has been awarded numerous fellowships (La Caixa 2001-2003, Yale Center for International and Area Studies Summer 2003, AGAUR 2003-2004, Caja Madrid 2004-2005, Lillian Goldman 2005-2006, IEA 2007-2008). Her main fields of research are European constitutionalism, multilevel protection of rights in Europe, fundamental rights, constitutional theory, and the impact of globalization upon the separation of powers. She has taught courses, given presentations, and published several articles regarding these issues.

Edition details

• Publisher: OUP Oxford
• Publication date: 2009
• Language: English
• ISBN 10: 0199568715
• ISBN 13: 9780199568710
• Binding: Hardcover
• Number of pages: 224