Fundamental Rights Challenges: Horizontal Effectiveness, Rule of Law and Margin of National Appreciation - Hardcover

Hardcover

ISBN 10: 3030727971 ISBN 13: 9783030727970

Publisher: Springer, 2021

Synopsis

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 It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary.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.

About this title

About the Author

Dr Cristina Izquierdo-Sans is Tenured Senior Lecturer in Public International Law at the Universidad Autónoma de Madrid (UAM), Spain (1994-2005 and 2015-at now).  Law Clerk at the Spanish Constitutional Court (2005-2014). Lecturer of Public International Law (UAM, 1991-94). Fields of specialization: Public International Law, Constitutional Law and European Union Law. Currently her research focuses on human rights. Other academic and professional activities: Vice Dean for International Relations, UAM; Vice Dean for Research and Economic Affairs, UAM; Director of the Department of Public Law, Faculty of Law, UAM (2017-2020).

Dr Carmen Martínez-Capdevila is Tenured Senior Lecturer in International and European Union Law at the Universidad Autónoma de Madrid (Spain).  She has worked as a counsellor at the Office of International Law at the Spanish Ministry of Foreign Affairs (2014-2018) and as an expert advisor of a member of the European Convention, which elaborated the Draft Treaty establishing a Constitution for Europe (2003).  Her research focuses on the law of treaties and European Union law.

Dr Magdalena Nogueira-Guastavino is Full Professor in Labor Law at the Universidad Autónoma de Madrid (UAM) Spain. Doctor in Law, Magna cum laude and PhD extraordinary award from the Faculty of Law of the UAM (1997), she was working at the Spanish Constitutional Court as a Law Clerk for 7 years (2000-2007). Vice President and General Secretary of the Spanish Association of Labor Law and Social Security (2004-2013). Her research focuses on Labor Law, national and international, with special interest in issues of fundamental labor rights and European Social Law.

 

From the Back Cover

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.

Edition details

• Publisher: Springer
• Publication date: 2021
• Language: English
• ISBN 10: 3030727971
• ISBN 13: 9783030727970
• Binding: Hardcover
• Edition number: 1
• Number of pages: 308
• Editor: Izquierdo-Sans Cristina, Martínez-Capdevila Carmen, Nogueira-Guastavino Magdalena