The Convergence of the Fundamental Rights Protection in Europe: 2016 (Ius Gentium: Comparative Perspectives on Law and Justice)

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. 

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