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The European Convention on Human Rights and European Union Law: a Long Way to Harmony

  • This article offers an in-depth analysis of the relationship between European law and the case-law born of the European Convention. The author addresses the tension between the drive for legal certainty and the need to expand fundamental rights. By offering an overview of the legal reality that this tension has created, the author seeks to find the balance between needless plurality and rigid certainty. Through this overview, the author argues that the promotion of fundamental rights must be organised along lines of harmony and not of uniformity. To do this, he offers a detailed analysis of the respective approaches to the detention of asylum seekers and to the privilege against self-incrimination. The article thus traces the increasingly inter-referential nature of Strasbourg and Luxembourg jurisprudence, arguing that this trend has the potential to promote fundamental rights, as long as the jurisdiction of human rights’ legislation is significantly expanded. The author goes on to discuss the EU Charter of Fundamental Rights, looking at the ways in which it grew out of jurisprudence from both legal systems and how this cross-pollination may change the expansion of fundamental rights in a wider sense.

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Author:Johan Callewaert
Parent Title (English):European Human Rights Law Review
Publisher:Sweet & Maxwell
Place of publication:London
Document Type:Contribution to a Periodical
Year of Completion:2009
Publishing Institution:Deutsche Universität für Verwaltungswissenschaften
Release Date:2017/05/29
Tag:EMRK; Unionsrecht
First Page:768
Last Page:783
Documents of Speyer University without connection to chair:Sonstige Schriften
Access Rights:Frei zugänglich
Licence (German):License LogoUrhG – es gilt deutsches Urheberrecht