Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Hardcover | October 14, 2009

byAida Torres Perez

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Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront thisproblem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

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Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpret...

Aida Torres Perez is Professor of Constitutional Law at Pompeu Fabra University (Barcelona) since 2005. She graduated in Law at Pompeu Fabra (1999), where she pursued doctoral studies (DEA 2003). She studied a Master of Laws at the Yale Law School (LL.M. 2002), where she also wrote her thesis and obtained her doctoral degree (JSD 2006...
Format:HardcoverDimensions:300 pages, 9.21 × 6.14 × 0.74 inPublished:October 14, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199568715

ISBN - 13:9780199568710

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Table of Contents

Part I. Rights in Europe1. Fundamental Rights Conflicts in the European Union2. Multilevel Protection of Rights in EuropePart II. EU Rights within a Pluralist Framework3. From Hierarchy to Pluralism4. The Tension between Uniformity and DiversityPart III. Judicial Dialogue5. Judicial Dialogue as the Source of Legitimacy of Supranational Adjudication6. Comparative Constitutional Reasoning: Recasting its Justification and OperationConcluding Remarks