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Conflicts of Rights in the European UnionA Theory of Supranational Adjudication$
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Aida Torres Pérez

Print publication date: 2009

Print ISBN-13: 9780199568710

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199568710.001.0001

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Multilevel Protection of Rights in Europe

Multilevel Protection of Rights in Europe

(p.27) 2 Multilevel Protection of Rights in Europe
Conflicts of Rights in the European Union

Aida Torres Pérez

Oxford University Press

This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the states, the EU, and the European Convention on Human Rights. Each of these systems includes a bill of rights and a specific court with the supreme authority to interpret them: state constitutional (or supreme) courts, the ECJ, and the European Court on Human Rights. The European Court on Human Rights has created a quasi-constitutional European order of human rights. Although this work will focus on the interplay between state courts and the ECJ, the existence of the European Convention and its Court should not be ignored for a complete picture of the multilevel system of rights protection in Europe.

Keywords:   margin of appreciation, minimum floor, judicial interaction, accession, ECJ, rights protection

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