European Observer on Fundamental Right's Respect

Website: http://www.europeanrights.eu

 

 

The Lelio and Lisli Basso–Issoco Fondazione (Fondazione Basso), located in Rome, together with the International Research Centre on European Law based at the University of Bologna (C.I.R.D.E.) and the Association of European Judges and Public Prosecutors for Democracy and Fundamental Rights located in Strasbourg (medel) have set up an Observatory on the respect of fundamental rights in Europe. The Observatory intends to monitor and assess fundamental rights judgments by courts in Europe.

 

Rationale and aims:

The idea arose following some studies on national and European case-law following the drafting of the Charter of fundamental rights of the European Union (the Nice Charter) and a Conference on this subject, during which it emerged that there is no forum for justice practitioners and scholars in Europe to discuss developments in EU case-lawits effects on domestic case-law and on the final level of protection of fundamental rights in the complex “multi-level” system that has grown in recent decades in Europe. The protection of fundamental rights affects three levels of legal order in European countries - national law, community law and international law - which intersect and integrate in various ways.

 

The Observatory is intended to help meet various requirements:

  • the need to compare and refine interpretative techniques appropriate to this multi-level protection of rights;
  • the need to consolidate the defence of fundamental human rights in Europe;
  • the need to construct a common legal culture that can help establish a “European legal space”.

 

The Observatory’s activities will comprise:

  • Monitoring the case-law of the European Courts on the subject of fundamental rights and the effects of such case-law on the decisions of national Courts;
  • Comparison and debate on this jurisprudence with particular attention on the analysis of innovative interpretations of fundamental rights, on the “dialogue” between the European Court of Human Rights and the European Court of Justice, on the anomalous legal value of the Nice Charter and on the use of its provisions by the Courts;
  • Examination of the main European provisions with reference to the protection of fundamental rights, also with a view to formulating observations during the process of legislative drafting;
  • Creation of a permanent relationship with the European Union Agency for Fundamental Rights.
 

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