Aida Torres Pérez - Böcker

Regional courts increasingly shape domestic law and policy, raising pressing questions about their democratic legitimacy. Balancing International Judicial Independence offers a groundbreaking framework for reconciling judicial independence with legitimate checks on judicial power. While independence is essential for courts to function, unchecked authority can be equally problematic. This book advances a nuanced approach that incorporates accountability and oversight without compromising independence.Part One introduces a conceptual framework for international judicial independence, tailored to the unique institutional and political contexts of regional courts and avoiding the uncritical application of domestic models. It draws on comparative analysis of courts in Europe and the Americas, including the European Court of Human Rights, the European Court of Justice, the Inter-American Court of Human Rights, and the Andean Tribunal of Justice.Part Two explores the normative foundations for constraining judicial power, examining legal accountability mechanisms and adapting the principle of checks and balances to the international sphere. Political constraints are reconceptualized as forms of institutional interdependence within a refined checks and balances framework.Part Three tackles the implications of using checks and balances as a normative guiding principle and critically analyses national and regional institutional sources of constraint on selected courts, as well as specific mechanisms like judicial selection, political override, and non-compliance.Filling a critical gap in the literature, this book provides a principled framework for scholars, practitioners, and policymakers to assess existing arrangements and guide institutional design in international adjudication.

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge.From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level.Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.