The Architecture of Fundamental Rights in the European Union

Šejla Imamovic is Assistant Professor of European Human Rights Law at Maastricht University, Netherlands.

Introduction
I. Aims and Scope of this Book
II. Structure and Outline of Chapters

PART I
THE NEW EUROPEAN FUNDAMENTAL RIGHTS ARCHITECTURE
1. The Development of EU Fundamental Rights Law
I. Introduction
II. The Creation of the European Community and the Silence on Human Rights
III. Fundamental Rights as General Principles of EU Law
IV. Fundamental Rights Protection in Post-Lisbon Europe
V. Some Reflections on the Role and Place of Fundamental Rights in EU Law
VI. Conclusion
2. A European Web of Human Rights Regimes: The EU, the ECHR and the National Legal Systems
I. Introduction
II. EU Law, the ECHR and the Strasbourg Court
III. EU Law, the ECHR and the Luxembourg Court
IV. Recent Developments in the Relationship between the Strasbourg and Luxembourg Courts
V. EU Law, the ECHR and National Courts
VI. Conclusion

PART II
CONVERGENCE AND CONFLICTS IN EUROPEAN FUNDAMENTAL RIGHTS STANDARDS
3. Case Study I: The Dublin System
I. Introduction
II. Mutual Trust and Recognition in the AFSJ
III. The Dublin System
IV. The Evolving Case Law on Dublin Transfers – A Retrospective Outlook
V. The Systemic Deficiencies Criteria and the Limits to Mutual Trust
VI. Conclusion
4. Case Study II: The European Arrest Warrant
I. Introduction
II. European Arrest Warrant
III. Validity Challenge in Abstracto
IV. The Fundamental Rights/Mutual Trust Nexus
V. The Aftermath of Aranyosi and Caldararu
VI. The EAW and Independence of the Judiciary
VII. Execution of the EAW and Compliance with Fundamental Rights – in Search of Guidelines for National Courts
VIII. Conclusion

PART III
TOWARDS NORMATIVE CONSISTENCY IN EUROPEAN FUNDAMENTAL RIGHTS LAW
5. Conflict Rules in National, European and International Law
I. Introduction
II. Defining Treaty Conflict
III. National Law and National Constitutions
IV. Conflict Clauses in the Treaties
V. Conflict Rules in International Law
VI. Conclusion
6. Scenarios from the Member States
I. Introduction
II. Conform Interpretation
III. Giving Priority to the ECHR
IV. Reframing the Conflict
V. The Preliminary Reference Procedure
VI. National Courts’ Approaches to Conflicts between EU and ECHR Law – An Overall Assessment and Conclusions
Conclusion