Research team

Government and Law

The dynamics between national and supranational fundamental rights protection in Europe: a practice of convergence? 01/10/2013 - 30/09/2014

Abstract

This research project aims to expose the dynamics between national and regional rights protection in Europe and establish if these dynamics are one of convergence. The project firstly intends to examine recent reforms concerning the rights protection of European constitutions with the purpose of ascertaining if these reforms are founded on similar or converging ideas of an ideal constitutional model. Consequently, the project will scrutinize recent dynamics in the catalogues of rights of European constitutions to see if newly adopted constitutional rights are transpositions of international/regional rights, or if they originate from national constitutional dynamics. Because similar catalogues of rights in European constitutions are not enough to create European harmonization, the interpretation of these rights remains key. A significant focus will therefore be placed upon whether the methods of interpretation used by constitutional courts in Europe and the European Court of Human Rights are converging. Lastly, with the establishment of the EU Charter - the most recent and vast European collection of rights - and the new important possibility of the European Union acceding to the European Convention of Human Rights, it is essential to evaluate whether this Charter will cause a further convergence of rights protection in Europe.

Researcher(s)

Research team(s)

The dynamics between national and regional fundamental rights protection in Europe: a practice of convergence? 01/10/2011 - 30/09/2013

Abstract

This research project aims to expose the dynamics between national and regional rights protection in Europe and establish if these dynamics are one of convergence. The project firstly intends to examine recent reforms concerning the rights protection of European constitutions with the purpose of ascertaining if these reforms are founded on similar or converging ideas of an ideal constitutional model. Consequently, the project will scrutinize recent dynamics in the catalogues of rights of European constitutions to see if newly adopted constitutional rights are transpositions of international/regional rights, or if they originate from national constitutional dynamics. Because similar catalogues of rights in European constitutions are not enough to create European harmonization, the interpretation of these rights remains key. A significant focus will therefore be placed upon whether the methods of interpretation used by constitutional courts in Europe and the European Court of Human Rights are converging. Lastly, with the establishment of the EU Charter - the most recent and vast European collection of rights - and the new important possibility of the European Union acceding to the European Convention of Human Rights, it is essential to evaluate whether this Charter will cause a further convergence of rights protection in Europe.

Researcher(s)

Research team(s)