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oapen-20.500.12657-464712021-12-24T08:49:52Z Chapter 10 Speaking the same language? Comparing judicial restraint at the ECtHR and the ECJ Mjöll Arnardóttir, Oddný Guðmundsdóttir, Dóra accession agreement court draft european geir judgment pilot procedure ulfstein bic Book Industry Communication::L Law::LA Jurisprudence & general issues bic Book Industry Communication::L Law::LB International law bic Book Industry Communication::J Society & social sciences::JP Politics & government::JPV Political control & freedoms::JPVH Human rights This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf 2021-02-02T15:01:51Z 2021-02-02T15:01:51Z 2016 chapter ONIX_20210202_9781317309109_chpt_23 https://library.oapen.org/handle/20.500.12657/46471 eng Routledge Research in Human Rights Law application/pdf n/a 9781317309109-ch10.pdf Taylor & Francis Shifting Centres of Gravity in Human Rights Protection Shifting Centres of Gravity in Human Rights Protection Routledge 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb 8404787d-600d-4387-9db3-8ccac9686fea 8404787d-600d-4387-9db3-8ccac9686fea Routledge 28 open access
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This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf
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