The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?: 44 (The Raoul Wallenberg Institute Human Rights Library, 44) - Hardcover

Arold Lorenz, Nina-Louisa; Groussot, Xavier; Petursson, Gunnar Thor

Hardcover

ISBN 10: 9004258434 ISBN 13: 9789004258433

Publisher: Martinus Nijhoff, 2013

Synopsis

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 of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.

About this title

About the Author

Nina-Louisa Arold Lorenz, former Managing Director of the Masters Programme in Human Rights and Senior Lecturer, Raoul Wallenberg Institute, Lund University.

Xavier Groussot, Professor of European Law, Faculty of Law, Lund University.

Gunnar Thor Petursson, Senior Scientist, School of Law, Reykjavik University.

Edition details

• Publisher: Martinus Nijhoff
• Publication date: 2013
• Language: English
• ISBN 10: 9004258434
• ISBN 13: 9789004258433
• Binding: Hardcover
• Number of pages: 310