European Union Human Rights Law
Show Less

European Union Human Rights Law The Dynamics of Interpretation and Context

The Dynamics of Interpretation and Context

Marton Varju

The European Union’s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This innovative book investigates the character of EU human rights law as shaped by the interplay between interpretation and context in the jurisprudence of EU courts.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 7: The multi-layered character of EU human rights law

Marton Varju

Extract

This chapter discusses the multi-layered character of EU human rights law and the impact of protecting human rights in multi-layered legal and governance constructions on the law. The relevant interpretative practices appear in every domain of the jurisprudence and involve relying on actors located outside the EU framework to ensure that human rights are observed in the EU. The multi-layered character of EU human rights law, as we discussed earlier in this book, is inseparable from its 'relational' character and from its limitations found in the existence of parallel constitutional authorities in the European legal space. When the competing constitutional authority is located externally and at a different layer, at the national or at the international level, its relevance for the law and its interpretative consequences lend EU human rights law a multi-layered character. As discussed throughout this book, the multi-layered character of EU human rights law is evidenced in interpretative practices which take into account the demands arising from other locations of constitutional authority and which demonstrate due deference, when appropriate, to the autonomy and discretion of actors at those locations. Most commonly, the EU Court in interpreting and applying human rights defers to national courts and national legal and constitutional orders.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.