Activating Human and Fundamental Rights Before the European Courts: (Modern Studies in European Law)

This open access book adds a new dimension to the long-standing research on the co-existence of European Court of Human Rights and the Court of Justice of the EU, and their inter-related action and explicit interaction. As the two Courts are increasingly called upon to interpret corresponding rights, particularly owing to the ever-growing importance of fundamental rights in the EU legal order, the stakes intensify. Prior studies have mostly focused on the constitutional and substantive issues connected to this interaction. This book focuses on another dimension: the lesser-told yet fascinating tale of two – increasingly substantively overlapping – European-level judicial systems with their own procedures and institutional idiosyncrasies, their own terminology, and with their own epistemic communities of practitioners and scholars, and their own relationship to national law. In this collection a team of experts – academics and practitioners - from both systems bridges the gap between these two worlds of fundamental and human rights protection, investigating their commonalities and differences. They address the questions 'who can go where?', 'on what procedural roads?', 'at what speed?' and 'to what final destination?'. This book is an essential resource for anyone working or studying the protection of fundamental and human rights in Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by KU Leuven.

Table of Contents:
Part I: Setting the Scene 1. Exploring the Judicial Systems of the ECtHR and the CJEU Side by Side: On the Necessity to Bridge the Systems and Close the Gaps, Elise Muir (KU Leuven, Belgium), Sacha Garben (College of Europe, Belgium) and Inge Govaere (Ghent University, Belgium) 2. Activating the Protection of Human and Fundamental Rights at European Level, Síofra O'Leary (College of Europe, Belgium) Part II: Who Can Go Where? 3. Collective Enforcement of Fundamental Rights via the CJEU and the ECtHR, Janneke Gerards and Elif Erken (Utrecht University, the Netherlands) 4. Third-Party Interventions before Both the ECtHR and the CJEU, Virginia Passalacqua (University of Turin, Italy) 5. Deliberative Discourse in Developing the EU's Human Rights Responsibility, Joyce De Coninck (European University Institute, Italy) Part III : On What Procedural Roads? 6. Pilot-Judgment Procedure at the European Court of Human Rights, Kanstantsin Dzehtsiarou (University of Liverpool, UK) 7. Purposeless or Promising? Advisory Opinions from the European Court of Human Rights, Jasper Krommendijk (Radboud University, the Netherlands) 8. Infringement Actions for the Protection of Fundamental Rights, Luca Prete (Legal Service of the European Commission, Belgium) 9. The Preliminary Ruling Procedure and Fundamental Rights: A tale of Jurisdictional Supremacy, Takis Tridimas (King's College London, UK) 10. Knowing Whom to Ask: Judicial Dialogue under Protocol No. 16 ECHR and Article 267 TFEU Considered in Light of EU Accession to the ECHR, Felix Ronkes Agerbeek (Legal Service of the European Commission, Belgium) Part IV: The Need for Speed: Time-limits and Interim Measures for the Protection of Fundamental Rights 11. Repetitive Strain at the European Court of Human Rights: Responding to the Caseload Caused by Structural and Systemic problems, David Milner (Council of Europe, France) 12. Injunctive Relief at the European Court of Human Rights – Progress and Push-back, Philip Leach (Middlesex University, UK) 13. Reasonable Time before EU Courts: What is at Stake? Expedited and Urgent Preliminary Rulings as a Vehicle for Fundamental Rights' Protection, Sara Iglesias Sanchez (Universidad Complutense of Madrid, Spain) 14. Interim Measures and Fundamental Rights in EU Law: Some Reflections and Possible Reforms, Kathleen Gutman (Court of Justice of the EU, Luxembourg) and Alexander Kornezov (General Court, Bulgaria) Part V: The Internal Workings of the Two Courts 15. The Organisation of the Internal Work of the ECtHR, Ellen Penninckx (European Court of Human Rights, Belgium) 16. Deliberations and Separate Opinions at the European Court of Human Rights, Frédéric Krenc (European Court of Human Rights, France) 17. Fundamental Rights and the Internal Functioning of the CJEU, José Gutierrez Fons (Court of Justice of the EU, Luxembourg) 18. A Survey on the Role of Article 47 of the Charter of Fundamental Rights in the Application of the Statute and the Rules of Procedure of the CJEU, Joni Heliskoski (Supreme Administrative Court of Finland) Part VI: Final Destination Reached? Compliance and Non-Compliance 19. (Non-)Compliance with the Rulings of the ECtHR in the Age of Illiberal and Dictatorial Turn, Laurence Burgorgue-Larsen (Sorbonne Law School, France) 20. (Non-)Compliance with the Rulings of the CJEU, Allan Rosas (College of Europe, Belgium) Part VII: Conclusion 21. Exploring the Judicial Systems of the ECtHR and the CJEU Side by Side: Looking Beyond Differences, Elise Muir (KU Leuven, Belgium)

About the Author :
Elise Muir is Vice Dean for Research and Head of the Institute for European Law of the KU Leuven, Belgium. Sacha Garben is Permanent Professor of EU Law at the College of Europe, Belgium. Inge Govaere is Professor of European Law at Ghent University, Belgium.