Fundamental Rights Challenges: Horizontal Effectiveness, Rule of Law and Margin of National Appreciation
Fundamental Rights Challenges: Horizontal Effectiveness, Rule of Law and Margin of National Appreciation
English | 2021 | ISBN: 3030727971 | 308 Pages | PDF EPUB | 8 MB
English | 2021 | ISBN: 3030727971 | 308 Pages | PDF EPUB | 8 MB
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 It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary.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.