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Violini, Lorenza; Baraggia, Antonia --- "The fragmented nature of fundamental rights protection in Europe: An introduction" [2018] ELECD 888; in Violini, Lorenza; Baraggia, Antonia (eds), "The Fragmented Landscape of Fundamental Rights Protection in Europe" (Edward Elgar Publishing, 2018) 1

Book Title: The Fragmented Landscape of Fundamental Rights Protection in Europe

Editor(s): Violini, Lorenza; Baraggia, Antonia

Publisher: Edward Elgar Publishing

ISBN: 9781786436047

Section Title: The fragmented nature of fundamental rights protection in Europe: An introduction

Author(s): Violini, Lorenza; Baraggia, Antonia

Number of pages: 5

Extract:

The fragmented nature of fundamental rights protection in Europe: An introduction Lorenza Violini and Antonia Baraggia The multiple crises faced by the European Union (EU) and its Member States in the last decade (the economic and refugee crisis and the recent events in Poland and Hungary, just to mention some examples) have unveiled the difficulty in finding a coherent and comprehensive system of fundamental rights protection within the EU. Indeed, the pluralistic nature of the EU constitutional legal framework and the presence of different (and overlapping) fundamental rights protection actors in the European landscape design a complex and fragmented scenario, still in search of a coherent structure. This collective volume aims to address the flaws and the challenging overlaps fostered by the fragmented and complex landscape of fundamental rights protection in Europe from a novel perspective: the dualism between judicial and non-judicial bodies in the European fundamental rights architecture. Although judicial and non-judicial bodies have been extensively studied by legal scholars in all their different features and implications at national, supranational and institutional levels, little attention has been given to their mutual role and interaction for a comprehensive fundamental rights policy, encompassing both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory. However, the recent events regarding the constitutional crisis in Poland and Hungary and the European activation of the Art. 7 provision have clearly demonstrated that the role of non-judicial actors (the Fundamental Rights Agency and the Venice Commission, specifically) ...