Old and new human rights in Europe: The scope of EU rights versus that of ECHR rights

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearch

Abstract

What impact will the entry of a legally binding Charter of EU Fundamental Rights have on the scope of protection of the fundamental rights of the EU citizen? How will these ‘new’ rights impact on the ‘old’ human rights in Europe?
This chapter address these questions by evaluating the Strasbourg and Luxembourg legal orders. It will do so by first considering the material and personal scope of the Charter in comparison with the European Convention on Human Rights (ECHR). A wider scope of protection may give individuals greater opportunities to rely on fundamental arguments in litigation, and may even provide the Strasbourg Court with a source of inspiration in extending the scope of ECHR rights, but carries with it dangers, both to the ECHR as a “constitutional instrument of the European public order”
Original languageEnglish
Title of host publicationShaping Rights in the ECHR
Subtitle of host publicationThe Role of the European Court of Human Rights in Determining the Scope of Human Rights
EditorsEva Brems, Janneke Gerards
Place of PublicationCambridge
PublisherCambridge University Press
Pages232-258
ISBN (Electronic)9781107337923
ISBN (Print)9781107043220
Publication statusPublished - 2014

Subject classification (UKÄ)

  • Law (excluding Law and Society)
  • Law

Keywords

  • EU law
  • Human rights
  • EU Fundamental Rights
  • European Court of Human Rights
  • Scope of Protection

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