The Architecture of Fundamental Rights in the European Union [Paperback]

This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations.This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.`ejla Imamovicis Assistant Professor of European Human Rights Law at Maastricht University, Netherlands.

Introduction
I. Aims and Scope of this Book
II. Structure and Outline of Chapters

PART I
THE NEW EUROPEAN FUNDAMENTAL RIGHTS ARCHITECTURE
1. The Development of EU Fundamental Rights Law
I. Introduction
II. The Creation of the European Community and the Silence on Human Rights
III. Fundamental Rights as General Principles of EU Law
IV. Fundamental Rights Protection in Post-Lisbon Europe
V. Some Reflections on the Role and Place of Fundamental Rights in EU Law
VI. Conclusion
2. A European Web of Human Rights Regimes: The EU, the ECHR and the National Legal Systems
I. Introduction
II. EU Law, the ECHR and the Strasbourg Court
III. EU Law, the ECHR and the Luxembourg Court
IV. Recent Developments in the Relationship between the Strasbourg and Luxembourg Courtsl“;