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The Fragmented Landscape of Fundamental Rights Protection in Europe

The Role of Judicial and Non-Judicial Actors Edited by Lorenza Violini, Full Professor of Constitutional Law and Antonia Baraggia, Assistant Professor of Comparative Constitutional Law, University of Milan, Italy
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
Extent: 256 pp
Hardback Price: $135.00 Web: $121.50
Publication Date: 2018
ISBN: 978 1 78643 604 7
Availability: In Stock
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  • Law - Academic
  • Constitutional and Administrative Law
  • European Law
  • Human Rights
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.

With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.

Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.
Contributors: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata-Menghini, S. Imamović, K. Meuwissen, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini










Contents:

The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction
Lorenza Violini and Antonia Baraggia

Part I THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE
1. Human Rights Inflation in the European Union
Matej Avbelj

2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions
Federico Fabbrini

3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold
Oreste Pollicino

Part II COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION
4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape
Šejla Imamović

5. The Bundesverfassungsgericht’s Human Dignity Review: Solange III and its Application in Subsequent Case Law
Clara Rauchegger

6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems
Luca Pietro Vanoni

Part III THE ‘HIDDEN’ SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES
7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights
Lorenza Violini

8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe
Katrien Meuwissen

9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape
Maria Elena Gennusa

10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission
Simona Granata-Menghini and Stefania Ninatti

Index