Fundamental Rights in Europe

Hardcover | March 13, 2014

byFederico Fabbrini

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The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examinethe dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in theinterplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the mostrecent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessingthe main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

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The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examinethe dynamics that spring from the interaction ...

Federico Fabbrini is an Assistant Professor of European and Comparative Constitutional Law with a PhD from European University Institute. His main areas of research are federalism, fundamental rights, separation of powers, economic governance, and global constitutionalism.

other books by Federico Fabbrini

Format:HardcoverDimensions:352 pages, 9.21 × 6.14 × 1.15 inPublished:March 13, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198702043

ISBN - 13:9780198702047

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Table of Contents

Introduction1. Of Floors, Ceilings and Human Rights: The European Fundamental Rights Architecture Compared2. The Right to Due Process for Suspected Terrorists3. The Right to Vote for Non-Citizens4. The Right to Strike5. The Right to AbortionConclusionBibliographyTable of LegislationTable of Cases