Giuseppe Martinico, of the Centro de Estudios Politicos y
Constitucionales in Spain and Oreste Pollicino, Associate Professor of
Comparative Law at Bocconi University in Italy have published a new book in which they research the extent of convergence between Europe’s two main international legal systems: ECHR Law and EU law. The book, published by Edward Elgar Publishing, is entitled ‘The Interaction Between Europe’s Legal Systems – Judicial Dialogue and the Creation of Supranational Laws’. This is the abstract:
This book examines the broad issue of the rapprochement between the
legal systems of the EU and the European Convention of Human Rights
(ECHR) and asks whether the two systems are converging. While the
literature on the issue of the national application of EC/EU law or that
of ECHR norms is voluminous, a specific comparative analysis that takes
into account the national judicial treatment of both laws has been
lacking, until now.
This detailed book begins with some reflections on the importance of
judicial interactions in European constitutional law, before going on to
compare the relationships between national judges and supranational
laws across 27 European jurisdictions. For the same jurisdictions it
then makes a careful assessment of way in which ECHR and EU law is
handled before national courts and also sets this in the context of the
original goals and aims of the two regimes. Finally, the authors broaden
the perspective to bring in the prospects of European enlargement
towards the East, and consider the implications of this for the
rapprochement between the two regimes.The Interaction between
Europe’s Legal Systems will strongly appeal to academics and students in
European law, comparative law, theory of law, postgraduate students and
LLM students in European law and in comparative law.
And here is the table of contents:
Contents: Part I 1. The Interaction between Europe’s Legal Systems: An
Introduction to the Investigation 2. The Formal Parameter 3. The Law
in Action Part II 4. External Convergence: Towards a Rapprochement of
the EU and ECHR Regimes After the Enlargement of Europe to the East 5.
The Enlargement of Europe to the East and the Reaction of the European
Court of Human Rights 6. The Enlargement of Europe to the East and the
Reaction of the European Court of Justice 7. Conclusions Index
