The Convergence of the Fundamental Rights Protection in Europe

Rainer Arnold

ISBN 10: 9401774633 / ISBN 13: 9789401774635

Published by Springer, Springer, 2016

About this Item

Druck auf Anfrage Neuware - Printed after ordering - The book gives insightinto the structures and developments of the fundamental rights protection inEurope which is effective at the levels of the national Constitutions, theEuropean Convention of Human Rights and, for the EU member States of the EUFundamental Rights Charter. The contributions of renowned academics fromvarious European countries demonstrate the functional interconnection of theseprotection systems which result in an increasing convergence. Basic questionsare reflected, such as human dignity as foundation of fundamental rights orpositive action as a specific form of equality as well as the concept of rightsconvergence. In this latter contribution the forms of direct reception of adifferent legal order and of the functional transfer of principles and conceptsare analyzed. Particular reference is made to the EU Charter, the UnitedKingdom Human Rights Act as well as to France and Germany. It becomes obvioushow important interpretation is for the harmonization ofnational andconventional fundamental rights protection. Traditional institutionalapproaches like the dualist transformation concept in Germany are functionallyset aside in the harmonization process through constitutional interpretation. Specificstudies are dedicated to the field of the EU Fundamental Rights Charter and to theEuropean impacts on the national fundamental rights protection in selectedcountries such as the 'new democracies' Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

Seller Inventory # 9789401774635

Bibliographic Details

• Title: The Convergence of the Fundamental Rights Protection in Europe
• Publisher: Springer, Springer
• Publication Date: 2016
• Language: English
• ISBN 10: 9401774633
• ISBN 13: 9789401774635
• Binding: Buch
• Condition: Neu
• Dimensions: 241W x 160H x 20D millimeters 241 millimeters width by 160 millimeters height by 20 millimeters depth
• Weight: 547 grams

About this title

Synopsis

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 ofnational 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.