Recent publications on international human rights
| Published date | 01 June 2019 |
| DOI | 10.1177/0924051919844376 |
| Date | 01 June 2019 |
| Subject Matter | Recent publications |
Recent publications
Recent publications on
international human rights
The EU Bill of Rights’ Diagonal Application to Member States / Csongor Istva`
In Nagy (ed.).
Eleven international, 2018. ISBN: 9789462368699
It is out of the question that nowadays the European competence to defend rule of law and human
rights against Member States is one of the core issues of the ‘European project’. In the last
decade, the EU institutions have made several, benevolent but feeble, attempts to enforce rule of
law and hum an rights r equirements. Though EU law’s approach, at least at first glance, might
appear to be idiosyncratic, it is far from unprecedented and, as far as multilevel constitutionalism is
concerned, EU law maydraw on the experiences of various regimeswhere centralized human rights
protection and national (State) constitutional identities coexist. Comparative federalism provides an
array of experiences, solutions and techniques, which help the European integration to grasp and
address the diagonal enforcement of human rights and to take stock of its solutions. This volume
addresses the EU’s human rights problem from a comparative perspective and explores the consti-
tutional and jurisprudential patterns addressing the question of inquiry in a multilevel constitutional
architecture.
***
The European Convention on Human Rights as an Instrument of Tort Law / Stefan Somers.
Intersentia, 2018. ISBN: 9781780686837
Tort law and human rights belong to different areas of law, namely private and public law.
Nevertheless, the European Convention on Human Rights increasingly influences national tort
law of signatory states, both on the vertical level of state liability and on the horizontal level
between private persons. An individual can appeal to the European Convention on Human
Rights in order to challenge national tort law in two situations: where he is held accountable
under national tort law for exercising his Conventions rights, and where national law does not
provide effective compensation in accordance with Article 13. The second method is strongly
connected with the practice of the European Court of Human Rights to award compensations
itself on the basis of Article 41. A compensation in national tort law is considered to be
effective according to Article 13 when it is comparatively in line with the compensations of
the European Court of Human Rights granted on the basis of Article 41. This raises the
important question as to how compensations under Article 41 are made by the European
Court of Human Rights.
***
Netherlands Quarterly of Human Rights
2019, Vol. 37(2) 196–201
ªThe Author(s) 2019
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DOI: 10.1177/0924051919844376
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