The Convergence of the Fundamental Rights Protection in Europe

The book gives insight
into the structures and developments of the fundamental rights protection in
Europe which is effective at the levels of the national Constitutions, the
European Convention of Human Rights and, for the EU member States of the EU
Fundamental Rights Charter. The contributions of renowned academics from
various European countries demonstrate the functional interconnection of these
protection systems which result in an increasing convergence. Basic questions
are reflected, such as human dignity as foundation of fundamental rights or
positive action as a specific form of equality as well as the concept of rights
convergence. In this latter contribution the forms of direct reception of a
different legal order and of the functional transfer of principles and concepts
are analyzed. Particular reference is made to the EU Charter, the United
Kingdom Human Rights Act as well as to France and Germany. It becomes obvious
how important interpretation is for the harmonization of national and
conventional fundamental rights protection. Traditional institutional
approaches like the dualist transformation concept in Germany are functionally
set aside in the harmonization process through constitutional interpretation. Specific
studies are dedicated to the field of the EU Fundamental Rights Charter and to the
European impacts on the national fundamental rights protection in selected
countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.