General Principles of EU Law and the Protection of Fundamental Rights - Hardcover

Amalfitano, Chiara

Hardcover

ISBN 10: 1786439425 ISBN 13: 9781786439420

Publisher: Edward Elgar Publishing Ltd, 2018

Synopsis

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU.

The book demonstrates that, due to their complementary and autonomous function, the general principles still play a key role in the protection of fundamental rights within the EU despite the binding force of the Charter. Analysis throughout the book shows that the role of general principles concerning fundamental rights is particularly evident when they reflect the specificities of the EU legal system, and contribute to ensuring its autonomy. These conclusions are supported through a comprehensive review of the relevant case law of the European Court of Justice in the field of fundamental rights protection. A particular focus is placed on convergences and discrepancies with respect to the jurisprudence of the European Court of Human Rights.

This work will be of great interest to scholars who are researching the protection of fundamental rights within the legal order of the EU. Human rights lawyers will also find this a compelling text.

About this title

About the Author

Chiara Amalfitano, Università degli Studi di Milano, Italy

Edition details

• Publisher: Edward Elgar Publishing Ltd
• Publication date: 2018
• Language: English
• ISBN 10: 1786439425
• ISBN 13: 9781786439420
• Binding: Hardcover
• Number of pages: 240