Protection of Human Rights – Relations between Legal Orders: National, EU, ECHR

The protection of human rights is characterised by the substantive fragmentation of the law, within the framework of which an integrational interaction between national and supranational orders drives the evolution of the substantive human rights law. At the same time, the institutional...

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Bibliographic Details
Main Author: Maja Menard
Format: Article
Language:English
Published: University of Ljubljana, Faculty of Law 2019-12-01
Series:Zbornik Znanstvenih Razprav
Subjects:
Online Access:http://www.pf.uni-lj.si/media/zzr.2019.eu.menard.pdf
Description
Summary:The protection of human rights is characterised by the substantive fragmentation of the law, within the framework of which an integrational interaction between national and supranational orders drives the evolution of the substantive human rights law. At the same time, the institutional proliferation provides the users of the system with strategic institutional choices for the maximisation of their interests. Neither characteristic is sub-ject to a realistic threat of a conflict between different norms or institutions that could jeopardise the system or, more importantly, the content of the protection.
ISSN:1854-3839