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 10: The evolving paradigm of human rights protection as interpreted and influenced by the Venice Commission

Simona Granata-Menghini and Stefania Ninatti

Abstract

Over time the European Commission for Democracy through Law became an essential point of reference for advice in constitution making. The expansion of membership, activities and functions gradually transformed it from a European institution into a global, transnational, constitutional forum involved with constitutional issues. This essay is addressing the way in which the Venice Commission – interpreting the legal theories and the doctrines and elaborating the yardsticks of conditionality which they have to apply – contributes to the formation of international constitutional law and, more specifically, to the recognition of the standards of Europe’s Constitutional Heritage, with particular attention to the field of fundamental rights’ protection.

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