Index. List of cases -- List of contributors -- Harmonisation through the back door? The impact of the European Convention on Human Rights on national private law / Matteo Fornasier -- Part I. Setting the stage : the European Convention on Human Rights and national law -- The European Convention on Human Rights in the German legal system : a qualitative and quantitative introduction / Andreas Engel -- The role of the Italian courts in the effective implementation of the European Convention on Human Rights: introductory remarks / Laura Vagni -- Part II. Family law -- Parental autonomy and child protection measures : procedural and substantive standards / Konrad Duden -- The status of biological fathers : an example for the impact of the European Convention on Human Rights on national family law / Anatol Dutta -- Shaping new families : same-sex couples' rights in the dialogue between the courts / Maria Gabriella Stanzione -- Part III. Right to privacy and data protection -- Shaping the right to privacy : the interplay between Karlsruhe, Strasbourg, and Luxembourg / Katharina De La Durantaye -- Data protection in private relations and the European Convention on Human Rights / Christian Heinze and Dominik Ebel -- Copyright as a fundamental right and the influence of the case law of the European Court of Human Rights and of the European Court of Justice / Giovanni Maria Riccio -- Part IV. Procedural law -- The relationship between Article 6 of the European Convention on Human Rights and international commercial arbitration / Francesca Benatti -- The European Convention on Human Rights and the protection of foreign direct investment : the role of 'legitimate expectations' / Giacomo Rojas Elgueta -- The EU principle of mutual recognition before the European Court of Human Rights / Denise Wiedemann -- Part V. Labour law -- Freedom of association for the armed forces : a fruitful dialogue between the European Court of Human Rights and the Italian Constitutional Court / Edoardo Ales -- The impact of the European Convention on Human Rights on German labour law : a special focus on collective labour law / Gabriele Buchholtz -- Part VI. Conclusions -- Comparative law at the European Court of Human Rights : does context still matter? / Filippo Viglione -- Harmonisation through the back door? The impact of the European Convention on Human Rights on national private law / Matteo Fornasier -- Bibliography -- Index.
Summary:
"Over the last two decades, the European Convention on Human Rights (ECHR) has come to play a major role in a large number of private law issues. As a result, the case-law of the ECHR has triggered significant changes in Contracting States' domestic private laws. The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties' domestic laws, focusing on two jurisdictions: Germany and Italy. The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the European Court of Human Rights (ECtHR) involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law." -- Provided by Publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.