Protection of Fundamental Rights in Europe: The Challenge of Integration

This monograph examines the developments in the European fundamental rights arena over the past decade and proposes a model of effective governance based on dialogical constitutionalism and agency to overcome the crisis of values and lack of shared vision affecting Europe.

Format: Paperback / softback
Length: 238 pages
Publication date: 16 May 2021
Publisher: Springer Nature Switzerland AG

This comprehensive monograph delves into a thorough longitudinal examination of the significant developments within the European fundamental rights landscape over the past decade. As the European Union (EU) faces crucial decisions that will shape its future, both the EU institutions and the governments of its Member States must take decisive action. The underlying "existential crisis" affecting Europe revolves around a lack of shared values, highlighting the urgent need for a unified vision.

In response to this challenge, this monograph makes a valuable contribution to the ongoing debate on overcoming the current impasse. By situating the analysis of the EU within the broader context of a wider Europe, encompassing the European Convention on Human Rights (ECHR) and its interpretation by the European Court of Human Rights (ECtHR), the work challenges the notion that the project of European integration should be abandoned. Instead, it proposes a re-orientation of this process, envisioning it as a dynamic interplay between diverse actors, sources, and laws on fundamental rights within the broader European framework.

After conducting an in-depth evaluation of the current fundamental rights regimes, the monograph presents a model of effective governance of fundamental rights in Europe. Drawing upon the doctrines of dialogical constitutionalism and agency, this model aims to foster a harmonious and inclusive approach to protecting and promoting human rights. This original and innovative contribution is further enriched by findings from British Academy-funded research on the European architecture of fundamental rights post-Lisbon Treaty.

In conclusion, this monograph provides a comprehensive and insightful analysis of the developments in the European fundamental rights arena during the past decade. By offering a re-imagining of the EU's role in the broader European context, it proposes a model of effective governance that aims to safeguard and advance human rights for all individuals within the EU and beyond.

Weight: 454g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030423698
Edition number: 1st ed. 2020