Efnisyfirlit

• Cover Page
• Half Title page
• Series
• Title Page
• Copyright Page
• Contents
• List of Contributors
• Acknowledgement
• 1 Introduction
• 2 The paradox of human rights protection in Europe: two courts, one goal?
• 1 Introduction
• 2 The paradox of coherence and the Charter
• 3 The paradox of autonomy and the ECHR
• 4 The paradox of accession after Opinion 2/13
• 5 Conclusion: hierarchy, complexity and necessity?
• 3 The role of the European Court of Human Rights in the changing European human rights architecture
• 1 Introduction
• 2 The scope of the Charter as compared to the ECHR
• 3 The relationship between the EU Charter and the ECHR
• 4 Opinion 2/2013 CJEU17
• 5 Case law of the ECtHR
• 6 The problems facing the ECHR
• 6.1 The political and judicial environment
• 6.2 Institutional problems of the ECtHR
• 7 Concluding remarks
• 4 The European Court of Human Rights and national courts: a constitutional relationship?*
• 1 Introduction
• 2 The role of the ECtHR
• 2.1 General aspects
• 2.2 Review of national courts
• 2.3 Review of the national legislature
• 3 The role of national courts
• 4 Conclusion
• 5 National courts and judicial disobedience to the ECHR: a comparative overview*
• 1 Introduction
• 2 Openness and internationalisation
• 3 The super-legislative authority of the ECHR
• 4 The price of success: raising barriers against the ECHR
• 5 Limits to following the European Court of Human Rights’ case law: a focus on the Italian case
• 6 Final remarks
• 6 The advisory jurisdiction of the ECtHR under Protocol No. 16: enhancing domestic implementation of human rights or a symbolic step?
• 1 Introduction
• 2 Existing advisory jurisdictions and the aims of Protocol No. 16
• 2.1 Article 47 of ECHR and reasons underlying its limited scope
• 2.2 Background, constitutional elements and models for the new advisory jurisdiction
• 2.3 The objectives of Protocol No. 16: a first step in what direction?
• 3 Characteristics of the procedure and the essence of advisory opinions
• 3.1 The optional jurisdiction and organisational flexibility
• 3.2 The contents of advisory opinions and formulation of questions of principle
• 3.3 The admissibility of requests for advisory opinions
• 3.4 Who will take part in the advisory opinion procedure?
• 3.5 The priority of the procedure
• 3.6 Reasoned opinion and separate opinions
• 4 Assessment of the impact of advisory opinions on domestic implementation and case flow to ECtHR
• 5 The overlapping contentious and advisory jurisdictions of the ECtHR
• 6 Impact on parties in the domestic proceedings pending in the requesting court
• 7 CJEU’s critical approach – a final blow to Protocol No. 16?
• 8 Conclusion
• 7 Flying or landing? The pilot judgment procedure in the changing European human rights architecture
• 1 Introduction
• 2 Origins and goals
• 3 What is a pilot judgment procedure?
• 4 The practising pilot
• 5 When to apply it?
• 6 Conclusion
• 8 The Court of Justice and fundamental rights: if margin of appreciation is the solution, what is the problem?*
• 1 Introduction
• 2 When is ‘margin of appreciation’ used (explicitly) in EU law?
• 3 Fundamental rights in EU law: interpreting the limits on competence
• 4 Fundamental rights in EU law: from policy choice to competence limit?
• 4.1 Applying margin of discretion as a policy choice: Schmidberger and Omega
• 4.2 A new constitutional framework?
• 5 Implications for the broader system of EU law
• 6 Conclusion
• 9 From flexible to variable standards of judicial review: the responsible domestic courts doctrine at the European Court of Human Rights*
• 1 Introduction
• 2 Standards of judicial review and comparative constitutional law: a framework
• 3 Effective and dynamic interpretation, margin of appreciation and the flexible ECtHR standards of review
• 4 Responsible courts doctrine: towards a variable standard of judicial review of domestic courts?
• 5 Responsible courts doctrine: a form of margin of appreciation?
• 6 The doctrinal weaknesses of the responsible courts doctrine
• 7 Conclusion
• 10 Speaking the same language? Comparing judicial restraint at the ECtHR and the ECJ*
• 1 Introduction
• 2 Comparing the ECHR and the EU fundamental rights regime
• 2.1 Key features of the two systems
• 2.2 To what extent is a margin of appreciation appropriate?
• 3 Towards a common language?
• 3.1 The distinction between the systemic and the normative
• 3.2 Systemic restraint
• 3.3 Normative elements of restraint
• 3.4 Overlap between systemic and normative elements of restraint
• 4 Conclusions
• 11 Squaring the circle at the battle at Brighton: is the war between protecting human rights or respecting sovereignty over, or has it just begun?*
• 1 Introduction
• 2 The margin of appreciation doctrine
• 3 Criticism of the present margin of appreciation doctrine
• 4 A modest defence of the current doctrine
• 5 Subsidiarity
• 6 Applying subsidiarity to the margin of appreciation doctrine
• 6.1 The objective of the ECtHR
• 6.2 The role of the ECtHR as a regional court in a multilevel order
• 6.3 Why a margin of appreciation? An argument from subsidiarity
• 7 Conclusion: criticisms reconsidered
• Index