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Edited by Sybe de Vries, Elena Ioriatti, Paolo Guarda and Elisabetta Pulice

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Edited by Steen Treumer and Mario Comba

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The Fragmented Landscape of Fundamental Rights Protection in Europe

The Role of Judicial and Non-Judicial Actors

Edited by Lorenza Violini and Antonia Baraggia

The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
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Lorenza Violini and Antonia Baraggia

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Federico Fabbrini

The federal system of the United States (US) has long served as a comparative model to the study of the European multilevel system for the protection of fundamental rights. Fundamental rights in Europe are simultaneously protected in the constitutions of the states, in the law of the European Union (EU), as well as in the European Convention on Human Rights (ECHR). Moreover, each of these overlapping layers of human rights norms is policed by institutions – particularly courts – which are interconnected but independent. This state of affairs presents analogies with the situation in the US. In the American system, rights are codified in state constitutions as well as in the federal Bill of Rights. Moreover, two connected but separate orders of jurisdictions – state and federal courts – are empowered to enforce the rights enshrined in their respective basic documents. Both the European multilevel human rights architecture and the US federal system, therefore, are structurally characterized by the existence of a plurality of sources and institutions for the protection of fundamental rights, as well as by a plurality of conceptions of what rights ought to be. Despite these similarities, however, the European and American human rights systems are the result of different constitutional experiences and have evolved over a diverse historical time-span. So, what is the added value of comparing the European multilevel human rights architecture with the US federal rights’ regime? Why is it helpful to compare and contrast these two cases? The benefits of a comparative approach in the field

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Katrien Meuwissen

Human rights are generally conceived as rights inherently pertaining to each individual which need to be respected and protected by states. Human/fundamental rights protection in Europe is accordingly typically examined in light of the avenues that are open to individuals to make human rights claims against state authorities. Across the national democracies in Europe, individuals in the first place have the possibility to initiate human rights related claims against state authorities before the national judiciary which can take legally binding and enforceable decisions. An extra layer of judicial protection for individuals in the area of human rights is provided on the regional level in Europe by the European Court for Human Rights (ECtHR) and – increasingly – the Court of Justice of the European Union (CJEU). Especially compared to other regions in the world, the European region thus provides a robust system of judicial protection of individuals’ human rights against the state. In addition to individual complaints-handling by the judiciary, many European countries also have a long and widespread tradition of quasijudicial complaints-handling by ombuds-institutions resulting in nonjudicially binding but more flexible remedies. While ombuds-institutions traditionally merely dealt with governments’ mal-administration, an increasing focus on human rights protection has become apparent in this context too. Quasi-judicial handling of individuals’ human rights complaints carries some risks (such as power imbalances) and will not be appropriate in all circumstances, but it appears an increasingly popular avenue to complement the often overburdened judicial complaintshandling mechanisms on the domestic as well as regional level across European

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Modernising Public Procurement

The Approach of EU Member States

Edited by Steen Treumer and Mario Comba

Modernising Public Procurement offers an in-depth analysis of the recent implementation of the Public Procurement Directive. The analysis is based on the experiences of twelve Member States including the United Kingdom, Germany, France, Italy, Spain and Poland. Within this work, Steen Treumer and Mario Comba alongside first-class experts in the field of public procurement law, focus on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable.
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Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger

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Edited by Sybe de Vries, Elena Ioriatti, Paolo Guarda and Elisabetta Pulice

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Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger