The update of fundamental rights in Europe: the impact of the Charter in the Strasbourg case-law

Authors

  • Enrique Martínez Pérez

Keywords:

European Convention of Human Rights, Charter of Fundamental Rights of the European Union, evolutive interpretation, doctrine of stare decisis

Abstract

The objective of this work is to analyse the influence of the Charter of Fundamental Rights of the European Union on the jurisprudence of the European Court of Human Rights. For this purpose, we study, on the one hand, the controversial methods of interpretation of the Court that allow with a certain flexibility to resort to european and international exogenous legal sources. On the other hand, we shall see how the Charter has contributed, together with other legal instruments, to the development of the ECHR jurisprudence, causing a modernization of the regulations of the Rome Convention.

Issue

Section

STUDIES