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

Groussot, Xavier LU and Gill-Pedro, Eduardo LU (2014) p.232-258
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... (More)
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” (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, Human rights, EU Fundamental Rights, European Court of Human Rights, Scope of Protection, EU-rätt, Mänskliga rättigheter, Europadomstolen, EU:s grundläggande rättigheter
host publication
Shaping Rights in the ECHR : The Role of the European Court of Human Rights in Determining the Scope of Human Rights - The Role of the European Court of Human Rights in Determining the Scope of Human Rights
editor
Brems, Eva ; Gerards, Janneke ; and
pages
232 - 258
publisher
Cambridge University Press
ISBN
9781107043220
9781107337923
language
English
LU publication?
yes
id
453ba22e-b5b3-4e3f-baf4-88ffea5313c7
date added to LUP
2017-07-03 14:56:28
date last changed
2018-11-21 21:33:09
@inbook{453ba22e-b5b3-4e3f-baf4-88ffea5313c7,
  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? <br/>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”},
  author       = {Groussot, Xavier and Gill-Pedro, Eduardo},
  booktitle    = {Shaping Rights in the ECHR : The Role of the European Court of Human Rights in Determining the Scope of Human Rights},
  editor       = {Brems, Eva and Gerards, Janneke},
  isbn         = {9781107043220},
  language     = {eng},
  pages        = {232--258},
  publisher    = {Cambridge University Press},
  title        = {Old and new human rights in Europe : The scope of EU rights versus that of ECHR rights},
  year         = {2014},
}