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The European Convention on Human Rights has always had a
significant influence on the development of family law in the
different European national jurisdictions. However, at a time where
family forms have been subject to a profound transformation
characterised by the coexistence of a variety of family forms and
where, at the same time, national family laws are converging, it is
essential to properly understand the ECHR's influence on national
family law. This book explains and analyses in depth the theory and
practice of Article 8 ECHR with respect to family forms and
parenthood. It examines how judgments of the ECtHR are received and
implemented in a variety of Contracting States (Austria, Croatia,
England and Wales, Germany, Greece, Hungary, the Netherlands,
Poland, Spain, Sweden, and Switzerland) and how the judgments
contribute to the shaping of domestic and European family law.
Family Forms and Parenthood concludes with a detailed reflection on
the relationship between the case law of the ECtHR and developments
in national family law and jurisprudence. This is book is written
for both the academic and professional readership.
The European Convention on Human Rights (ECHR) entered into force
on September 3, 1953, with binding effect on all Member States of
the Council of Europe. It grants the people of Europe a number of
fundamental rights and freedoms, including: right to life *
prohibition of torture * prohibition of slavery and forced labor *
right to liberty and security * right to a fair trial * no
punishment without law * right to respect for private and family
life * freedom of thought, conscience, and religion * freedom of
expression * freedom of assembly and association * right to marry *
right to an effective remedy * prohibition of discrimination. Any
person who feels his or her rights under the ECHR have been
violated by the authorities of one of the Member States can bring a
case to the European Court of Human Rights, established under the
Convention. Member States are bound by the Court's decisions and
the Committee of Ministers of the Council of Europe make sure that
the decisions are properly executed. Today, the Court receives
thousands of petitions annually, demonstrating the immense impact
of the Convention and the Strasbourg Court. This comprehensive
German-style commentary deals with the ECHR systematically and
article-by-article, considering the development and scope of each
article, together with the relevant case-law and literature. It is
an extremely useful tool for all those working and studying in the
area of European human rights, and it will help in gaining a deeper
understanding of the ECHR.
This open access book deals with Article 7 TEU measures, court
proceedings, financial sanctions and the EU Rule of Law Framework
to protect EU values with a particular focus on checks and balances
in EU Member States. It analyses substantive standards, powers,
procedures as well as the consequences and implications of the
various instruments. It combines the analysis of the European
level, be it the EU or the Council of Europe, with that of the
national level, in particular in Hungary and Poland. The LM
judgment of the European Court of Justice is made subject to
detailed scrutiny.
The Max Planck Handbooks in European Public Law describe and
analyse public law of the European legal space, an area that
encompasses not only the law of the European Union but also the
European Convention on Human Rights and, importantly, the domestic
public laws of European states. Recognizing that the ongoing
vertical and horizontal processes of European integration make
legal comparison the task of our time for both scholars and
practitioners, the series aims to foster the development of a
specifically European legal pluralism and to contribute to the
legitimacy and efficiency of European public law. The first volume
of the series began this enterprise with an appraisal of the
evolution of the state and its administration, offering both
cross-cutting contributions and specific country reports. The third
volume (the second in chronological terms) continues this approach
with an in-depth appraisal of constitutional adjudication in
various and diverse European countries. Fourteen country reports
and two cross-cutting contributions investigate the antecedents,
foundations, organization, procedure, and outlook of constitutional
adjudicators throughout the Continent. They include countries with
powerful constitutional courts, jurisdictions with traditional
supreme courts, and states with small institutions and limited ex
ante review. In keeping with the focus on a diverse but unified
legal space, each report also details how its institution fits into
the broader association of constitutional courts that, through
dialogue and conflict, brings to fruition the European legal space.
Together, the chapters of this volume provide a strong and diverse
foundation for this dialogue to flourish.
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