European suprational courts increasingly adjudicate not only on the substance but also on the quality of the procedure that has led to an infringement of fundamental rights. This book examines the nature of procedural review, as well as its practical potential and possible limitations.
European suprational courts increasingly adjudicate not only on the substance but also on the quality of the procedure that has led to an infringement of fundamental rights. This book examines the nature of procedural review, as well as its practical potential and possible limitations.
1. Introduction Janneke Gerards and Eva Brems; Part I. Foundations and Rationales for Procedural Review by Supranational Courts Deciding Fundamental Rights Cases: 2. The 'logics' of procedural-type review by the European Court of Human Rights Eva Brems; 3. The modest promise of 'procedural review' in fundamental rights cases Aruna Sathanapally; Part II. The (Potential) Value of Procedural Review for Supranational Courts Deciding Fundamental Rights Cases - Political Science Perspectives: 4. Evidence based lawmaking: influences, obstacles and the role of the European Court of Human Rights Patricia Popelier; 5. Responsiveness towards fundamental rights impacts in the preparation of EU legislation Fay Kartner and Anne Meuwese; Part III. Application of Procedural Review - Comparative Perspectives: 6. Procedural review by the European Court of Human Rights - a typology: 7. Procedural review by the European Court of Human Rights - view from the Court Angelika Nussberger; 8. Procedural fundamental rights review by the Court of Justice of the European Union Malu Beijer; 9. Procedural review in WTO law Isabelle Van Damme; 10. Process and substance in judicial review in the United Kingdom and at Strasbourg: proportionality, subsidiarity, complementarity? Roger Masterman.
1. Introduction Janneke Gerards and Eva Brems; Part I. Foundations and Rationales for Procedural Review by Supranational Courts Deciding Fundamental Rights Cases: 2. The 'logics' of procedural-type review by the European Court of Human Rights Eva Brems; 3. The modest promise of 'procedural review' in fundamental rights cases Aruna Sathanapally; Part II. The (Potential) Value of Procedural Review for Supranational Courts Deciding Fundamental Rights Cases - Political Science Perspectives: 4. Evidence based lawmaking: influences, obstacles and the role of the European Court of Human Rights Patricia Popelier; 5. Responsiveness towards fundamental rights impacts in the preparation of EU legislation Fay Kartner and Anne Meuwese; Part III. Application of Procedural Review - Comparative Perspectives: 6. Procedural review by the European Court of Human Rights - a typology: 7. Procedural review by the European Court of Human Rights - view from the Court Angelika Nussberger; 8. Procedural fundamental rights review by the Court of Justice of the European Union Malu Beijer; 9. Procedural review in WTO law Isabelle Van Damme; 10. Process and substance in judicial review in the United Kingdom and at Strasbourg: proportionality, subsidiarity, complementarity? Roger Masterman.
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