The European Convention on Human Rights and its Impact on National Private Law: A Comparative Perspective

doi:10.1017/9781839703898

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The European Convention on Human Rights and its Impact on National Private Law

The European Convention on Human Rights and its Impact on National Private Law

A Comparative Perspective

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Edited by Matteo Fornasier, Ruhr-Universität, Bochum, Germany, Maria Gabriella Stanzione, University of Salerno, Italy

Publisher:: Intersentia
Online publication date:: February 2024
Print publication year:: 2023
Online ISBN:: 9781839703898
DOI:: https://doi.org/10.1017/9781839703898

Subjects:: Corporate Law, Law

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Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However it has become apparent that the ECHR matters also in the 'horizontal' relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR 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 the influence of the ECHR on a wide range of fields of private law. The analysis of cases reveals many common features in the decisions of the 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.

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The European Convention on Human Rights and its Impact on National Private Law

A Comparative Perspective

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Contents

Frontmatter
pp i-iv

Preface
pp v-vi

Contents
pp vii-xii

List of Cases
pp xiii-xxviii

List of Contributors
pp xxix-xxx

The European Convention on Human Rights and its Impact on National Private Law: An Introduction
pp 1-8

Part I - Setting The Stage: The European Convention on Human Rights and National Law
pp 9-10

The European Convention on Human Rights in the German Legal System: A Qualitative and Quantitative Introduction
pp 11-42

The Role of the Italian Courts in the Effective Implementation of the European Convention on Human Rights: Introductory Remarks
pp 43-62

Part II - Family Law
pp 63-64

Parental Autonomy and Child Protection Measures: Procedural and Substantive Standards
pp 65-86

The Status of Biological Fathers: An Example for the Impact of the European Convention on Human Rights on National Family Law
pp 87-98

Shaping New Families: Same-Sex Couples’ Rights in the Dialogue between the Courts
pp 99-116

Part III - Right to Privacy and Data Protection
pp 117-118

Shaping the Right to Privacy: The Interplay between Karlsruhe, Strasbourg, and Luxembourg
pp 119-136

Data Protection in Private Relations and the European Convention on Human Rights
pp 137-156

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
pp 157-174

Part IV - Procedural Law
pp 175-176

The Relationship Between Article 6 of the European Convention on Human Rights and International Commercial Arbitration
pp 177-196

The European Convention on Human Rights and the Protection of Foreign Direct Investment: The Role of ‘Legitimate Expectations’
pp 197-224

The EU Principle of Mutual Recognition Before the European Court of Human Rights
pp 225-250

Part V - Labour Law
pp 251-252

Freedom of Association for the Armed Forces: A Fruitful Dialogue Between the European Court of Human Rights and the Italian Constitutional Court
pp 253-272

The Impact of the European Convention on Human Rights on German Labour Law: A Special Focus on Collective Labour Law
pp 273-282

Part VI - Conclusions
pp 283-284

Comparative Law at the European Court of Human Rights: Does Context Still Matter?
pp 285-304

Harmonisation Through the Back Door?: The Impact of the European Convention on Human Rights on National Private Law
pp 305-338

Bibliography
pp 339-356

Index
pp 357-360

About The Editors
pp 361-362

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The European Convention on Human Rights and its Impact on National Private Law

A Comparative Perspective

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