Exporting the European Convention on Human Rights

Description

This book explores how the European Convention on Human Rights (ECHR) operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) have considerable influence inside and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and, finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law. Volume 112 in the Series Modern Studies in European Law Foreword Preface Acknowledgements Contents List of Abbreviations Table of Cases Table of Treaties Table of Documents Introduction PART I: EXPORTING THE ECHR TO THE EU LEGAL ORDER 1. The Direct Application of the ECHR by the Luxembourg Court I. Article 8 ECHR in CJEU Case Law: Overlapping and Divergent Jurisprudence II. Articles 6 and 13 ECHR within the EU System: Interpretation of the Procedural Principles III. The Ne bis in Idem Principle in the CJEU Jurisprudence: New Challenges in the Post-Lisbon Era IV. Conclusion 2. The Application of the ECHR as a Restriction Mechanism of EU Law I. The ECHR as a Ground for Derogation from the Internal Market Freedoms of the EU II. The ECHR Standards of Protection: The Impact to EU Data Protection Law and Jurisprudence III. The ECHR as an Impediment to Fundamental Rights Violations Exercised by EU Institutions: The Example of UN Sanctions IV. The Restriction of the EU Asylum Rules in the Light of the ECtHR's Case Law: he Dublin Cases V. Conclusion PART II: EXPORTING THE ECHR TO THE INTERNATIONAL LEGAL ORDER 3. Regional to Regional: The Impact of the ECtHR Case Law on Human Rights Protection in the Americas I. Introduction II. Importing the ECtHR's Human Rights Norms: Analogous Application or Differentiated Appraisal? III. The Expansion of Human Rights Protection by the IACtHR: Any Room for Cross-Fertilisation? IV. Conclusion 4. Regional to Global: Exporting the ECtHR's Norms to the Human Rights Committee I. Introduction II. The Horizontal Dimension of the Interaction between the HRC and the ECtHR III. The Vertical Dimension of the Interaction between HRC and ECtHR: Moving in Parallel, Deciding in Contrast IV. Conclusion 5. Concluding Remarks Bibliography Index