The Fragmented Landscape of Fundamental Rights Protection in Europe
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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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Chapter 4: The role of the Court of Justice in the fragmented European fundamental rights landscape

Šejla Imamović

Abstract

This chapter takes a closer look at some of the CJEU’s more recent decisions in the human rights-sensitive Area of Freedom Security and Justice (AFSJ), including Radu, Melloni, Aranyosi and Căldăraru, N.S., Abdullahi and C.K. and Others, and draws comparisons with the case law of the European Court of Human Rights (ECtHR). More specifically, it examines how the Court performs in the context of fundamental rights protection and questions its role as the EU’s core human rights adjudicator.

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