Order now and receive 20% discountFUNDAMENTAL RIGHTS IN THE EUA Matter for Two Courts

Edited by Sonia Morano-Foadi and Lucy Vickers

This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR’s interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe.

The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.

EDITORSSonia Morano-Foadi is a Reader in Law and Lucy Vickers is a Professor in Law, both at Oxford Brookes University.

CONTENTS

1 . Introduction—A Matter for Two Courts: The Fundamental Rights Question for the EUSonia Morano-Foadi and Lucy Vickers

PART I

2. The Place of the EU Charter within the Tradition of Fundamental and Human RightsDr Niilo Jääskinen

3. Closing the Gaps in the Protection of Fundamental Rights in Europe: Accession of the EU to the ECHRKristi Raba

4. Problems and Challenges of the EU’s Accession to the ECHR: Empirical Findings with a View to the FutureStelios Andreadakis

5. The EU Human Rights Regime Post Lisbon: Turning the CJEU into a Human Rights Court?Wolfgang Weiß

PART II

6. European Judicial Dialogue and the Protection of Fundamental Rights in the New Digital Environment: An Attempt at Emancipation and Reconciliation: The Case of Freedom of SpeechOreste Pollicino

7. Migration and Human Rights: The European ApproachSonia Morano-Foadi

8. Who has the Right to have rights? The Judgments of the CJEU and the ECtHR as Building Blocks for a European ‘ius commune’ in Asylum LawSamantha Velluti

9. More is Less? Multiple Protection of Human Rights in Europe and the Risks of Erosion of Human Rights StandardsTitia Loenen and Lucy Vickers

10. In Extending Human Rights, which European Court is Substantively ‘Braver’ and Procedurally ‘Fitter’? The Example of Sexual Orientation and Gender Identity DiscriminationRobert Wintemute

11. Access to Justice in the Recent Grand Chamber Judgments of the European Court of Human Rights Dragoljub Popovic´

12. Fundamental Rights and Judicial Cooperation in the Decisions of the Court of Justice on the Brussels I Regulation 2009–2014: The Story So FarLorna Gillies

13. Concluding RemarksSonia Morano-Foadi and Lucy Vickers

BOOK DETAILSMarch 2015

278pp Hbk 9781849467070 RSP: £60

Discount Price: £48

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