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This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
Giuseppe Martinico, Full Professor of Comparative Public Law, Sant'Anna School of Advanced Studies, Pisa, Italy and Oreste Pollicino, Full Professor of Constitutional Law, Bocconi University, Italy, member of the Sounding Board on Disinformation, expert for the Global Partnership on Artificial Intelligence (GPAI), and member of the board of the European Union Fundamental Rights Agency (FRA)
Contents: Part I 1. The Interaction between Europe’s Legal Systems: An Introduction to the Investigation 2. The Formal Parameter 3. The Law in Action Part II 4. External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East 5. The Enlargement of Europe to the East and the Reaction of the European Court of Human Rights 6. The Enlargement of Europe to the East and the Reaction of the European Court of Justice 7. Conclusions Index
’The book has the merit to deal with an issue, namely judicial convergence or divergence in Europe, which in the near future is likely to dominate the debate among scholars in comparative, constitutional, EU, and international law, given the on-going developments in the relationship between the EU and the ECHR, and between the European Court of Human Rights and the highest national courts.’
Matej Avbelj, Filippo Fontanelli, Giuseppe Martinico, Italy) Fontanelli, Filippo (Scuola Superiore S.Anna, Spain) Martinico, Giuseppe (Centro de Estudios Politicos y Constitucionales