Strasbourg Observers

New publication: Procedural Review in European Fundamental Rights Cases

April 10, 2017

I am happy to present a new book, Procedural Review in European Fundamental Rights Cases, which is a joint edition of prof Janneke Gerards (Utrecht University) and myself. It originated in an expert seminar we hosted jointly at Ghent University in 2015. We will be addressing this topic also in a panel at the next ICON-S conference in Copenhagen.

This is the abstract and table of contents:

Abstract:

procedural reviewTraditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what ‘procedural review’ really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.

Table of Contents:

  1. Introduction

Janneke Gerards & Eva Brems

  1. The ‘logics’ of procedural-type review by the European Court of Human Rights

Eva Brems

  1. The modest promise of ‘procedural review’ in fundamental rights cases

Aruna Sathanapally

  1. Evidence based law making: influences, obstacles and the role of the European Court of Human Rights

Patricia Popelier

  1. Responsiveness towards fundamental rights impacts in the preparation of EU legislation

Fay Kartner & Anne Meuwese

  1. Procedural review by the European Court of Human Rights – a typology

Janneke Gerards

  1. Procedural review by the European Court of Human Rights – view from the Court

Angelika Nussberger

  1. Procedural fundamental rights review by the Court of Justice of the European Union

Malu Beijer

  1. Procedural review in WTO law

Isabelle Van Damme

  1. Process and substance in judicial review in the United Kingdom and at Strasbourg: proportionality, subsidiarity, complementarity?

Roger Masterman

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