The European Convention on Human Rights and its impact on national private law: a comparative perspective
Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent tha...
Gespeichert in:
| Hauptverfasser: | , |
|---|---|
| Format: | Buch |
| Sprache: | English |
| Veröffentlicht: |
Cambridge Antwerp Chicago
Intersentia
2023
|
| Zusammenfassung: | Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent that the ECHR matters also in the ?horizontal? relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR has triggered significant changes in Contracting States? domestic private laws. 00The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties? domestic laws, focusing on two jurisdictions: Germany and Italy. 00The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. 00The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the ECtHR involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law |
| Beschreibung: | XXX, 360 Seiten |
| ISBN: | 9781839703423 1839703423 |
Internformat
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| 520 | 3 | |a Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent that the ECHR matters also in the ?horizontal? relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR has triggered significant changes in Contracting States? domestic private laws. 00The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties? domestic laws, focusing on two jurisdictions: Germany and Italy. 00The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. 00The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the ECtHR involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law | |
| 700 | 1 | |a Fornasier, Matteo |d 1977- |0 (DE-588)103317839X |4 edt |4 aut | |
| 700 | 1 | |a Stanzione, Maria Gabriella |0 (DE-588)1038538092 |4 edt |4 aut | |
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Datensatz im Suchindex
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| author | Fornasier, Matteo 1977- Stanzione, Maria Gabriella |
| author2 | Fornasier, Matteo 1977- Stanzione, Maria Gabriella |
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| author_GND | (DE-588)103317839X (DE-588)1038538092 |
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| illustrated | Not Illustrated |
| index_date | 2024-07-03T22:10:32Z |
| indexdate | 2024-07-10T09:52:34Z |
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| isbn | 9781839703423 1839703423 |
| language | English |
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| spelling | The European Convention on Human Rights and its impact on national private law a comparative perspective edited by Matteo Fornasier, Maria Gabriella Stanzione Cambridge Antwerp Chicago Intersentia 2023 XXX, 360 Seiten txt rdacontent n rdamedia nc rdacarrier Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent that the ECHR matters also in the ?horizontal? relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR has triggered significant changes in Contracting States? domestic private laws. 00The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties? domestic laws, focusing on two jurisdictions: Germany and Italy. 00The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. 00The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the ECtHR involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law Fornasier, Matteo 1977- (DE-588)103317839X edt aut Stanzione, Maria Gabriella (DE-588)1038538092 edt aut |
| spellingShingle | Fornasier, Matteo 1977- Stanzione, Maria Gabriella The European Convention on Human Rights and its impact on national private law a comparative perspective |
| title | The European Convention on Human Rights and its impact on national private law a comparative perspective |
| title_auth | The European Convention on Human Rights and its impact on national private law a comparative perspective |
| title_exact_search | The European Convention on Human Rights and its impact on national private law a comparative perspective |
| title_exact_search_txtP | The European Convention on Human Rights and its impact on national private law a comparative perspective |
| title_full | The European Convention on Human Rights and its impact on national private law a comparative perspective edited by Matteo Fornasier, Maria Gabriella Stanzione |
| title_fullStr | The European Convention on Human Rights and its impact on national private law a comparative perspective edited by Matteo Fornasier, Maria Gabriella Stanzione |
| title_full_unstemmed | The European Convention on Human Rights and its impact on national private law a comparative perspective edited by Matteo Fornasier, Maria Gabriella Stanzione |
| title_short | The European Convention on Human Rights and its impact on national private law |
| title_sort | the european convention on human rights and its impact on national private law a comparative perspective |
| title_sub | a comparative perspective |
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