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008 070123s2006 xx ||||gr |0|| 0 eng d
100 1 _aSCHIMMELFENNIG, Frank
_99640
245 1 0 _aCompetition and community :
_bconstitutional courts, rhetorical action, and the institutionalization of human rights in the European Union
260 _aOxfordshire :
_bRoutledge,
_cDecember 2006
520 3 _aThe institutionalization of human rights in the EU started when the ECJ began to make references to fundamental rights in its jurisprudence in the late 1960s. In this article, I explain this development as rhetorical action among constitutional courts - the ECJ, national constitutional courts, and the European Court of Human Rights - which are engaged in a competition over jurisdictions in the liberal international community. Because human rights are the highest-order constitutional norms in this community, successful claims for legal autonomy and supremacy must be based on the ability of courts to protect human rights at least as effectively as their competitors. In order to defend its autonomy vis-à-vis national constitutional courts, the ECJ incorporated human rights into its case law. However, by basing its jurisprudence on the European Convention on Human Rights, it has become increasingly entrapped in acknowledging the supremacy of the Strasbourg Court
773 0 8 _tJournal of European Public Policy
_g13, 8 , p. 1247-1264
_dOxfordshire : Routledge, December 2006
_xISSN 1350-1763
_w
942 _cS
998 _a20070123
_b1841^b
_cTiago
998 _a20100618
_b1049^b
_cDaiane
999 _aConvertido do Formato PHL
_bPHL2MARC21 1.1
_c22061
_d22061
041 _aeng