Constituting Europe: The European Court of Human Rights in a National, European and Global Context

doi:10.1017/CBO9781139169295

Constituting Europe

The European Court of Human Rights in a National, European and Global Context

At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.

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Constituting Europe

The European Court of Human Rights in a National, European and Global Context

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Contents

Constituting Europe - Half title page
pp i-ii

Constituting Europe - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

List of contributors
pp vii-x

Preface and Acknowledgements
pp xi-xii

Table of cases
pp xiii-xxxvi

Table of international instruments
pp xxxvii-xxxix

List of abbreviations
pp xl-xlii

1 - Introduction
pp 1-24

2 - The Court and the member states: procedural aspects
pp 25-61

3 - The margin of appreciation doctrine: a theoretical analysis of Strasbourg's variable geometry
pp 62-105

4 - The ECHR as a living instrument: its meaning and legitimacy
pp 106-141

5 - No longer offering fine mantras to a parched child? The European Court's developing approach to remedies
pp 142-180

6 - National implementation of ECHR rights
pp 181-262

7 - The Court as a part of the Council of Europe: the Parliamentary Assembly and the Committee of Ministers
pp 263-300

8 - Should the European Union ratify the European Convention on Human Rights? Some remarks on the relations between the European Court of Human Rights and the European Court of Justice
pp 301-333

9 - The European Court of Human Rights and the United Nations
pp 334-388

10 - Conclusions
pp 389-402

Bibliography
pp 403-429

Index
pp 430-441

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Constituting Europe

The European Court of Human Rights in a National, European and Global Context

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