Protecting Fundamental Rights During Financial Crisis: Supranational Adjudication in the Council of Europe Context
Forthcoming, Tom Ginsburg, Mark Rosen and Georg Vanberg (eds), Liberal Constitutionalism in Times of Financial Crisis, 2018
18 Pages Posted: 6 Aug 2018
Date Written: July 16, 2018
Both the European Court of Human Rights (ECtHR) and the European Committee of Social Rights (ECSR) have addressed several cases concerning austerity measures that have been adopted during the recent financial crisis in Europe. The paper analyses this case law, and assesses the role that these supranational human rights monitoring bodies are playing, or may play, in the context of financial crisis. The approach of the ECtHR to this type of cases is very different from that of the ECSR, resulting in strikingly different outcomes. Institutional differences between the ECtHR and the ECSR largely explain these differences. Yet from a holistic perspective of human rights law, that explanation does not necessarily suffice as a justification of such differences. The final sections of the paper examine the question of the justifiability of this kind of pluriformity within the supranational human rights protection system through the lens of the concept of ‘smart integration’.
Keywords: European Court Of Human Rights, European Committee of Social Rights, Financial Crisis, Europe, Fundamental Rights
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