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This book presents a comprehensive review of fundamental rights
issues that are currently in the spotlight. The first part explores
why the question of whether or not fundamental rights have
horizontal effect is a topic of endless debate. The second part
focuses on human rights and the rule of law. It begins by arguing
that the hitherto valid model of the rule of law is now outdated,
and then goes on to outline the importance of the judicial
dimension in countering threats to the independence of the
judiciary. Lastly, the third part addresses a classic issue in the
field of human rights: states' margin of appreciation, highlighting
two aspects: (i) the elements used by the ECJ to determine the
scope of the margin of appreciation, which varies depending on the
subject matter, the nature of the right in question, as well as the
severity and the purpose of the interference; and (ii) the margin
of appreciation enjoyed by national courts when interpreting the
law. Exploring current issues concerning a topic of eternal
interest, the book will appeal to scholars and practitioners alike.
Written by formidable intellectual talents, committed to the study
of fundamental rights, it rigorously analyses the most recent
judgments of both the ECJ and the ECHR.
This book presents a comprehensive review of fundamental rights
issues that are currently in the spotlight. The first part explores
why the question of whether or not fundamental rights have
horizontal effect is a topic of endless debate. The second part
focuses on human rights and the rule of law. It begins by arguing
that the hitherto valid model of the rule of law is now outdated,
and then goes on to outline the importance of the judicial
dimension in countering threats to the independence of the
judiciary. Lastly, the third part addresses a classic issue in the
field of human rights: states' margin of appreciation, highlighting
two aspects: (i) the elements used by the ECJ to determine the
scope of the margin of appreciation, which varies depending on the
subject matter, the nature of the right in question, as well as the
severity and the purpose of the interference; and (ii) the margin
of appreciation enjoyed by national courts when interpreting the
law. Exploring current issues concerning a topic of eternal
interest, the book will appeal to scholars and practitioners alike.
Written by formidable intellectual talents, committed to the study
of fundamental rights, it rigorously analyses the most recent
judgments of both the ECJ and the ECHR.
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