Human Rights

The Effectiveness of the Köbler Liability in National Courts

Zsófia Varga, Loyens & Loeff Luxembourg S.à r.l., Avocats à la Cour

This is the first book to offer a comprehensive analysis on the life of the Köbler liability principle in the Member States. The author thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle for breaches of EU law by national courts and explores the existence of alternative remedies available in case of such breaches. The conclusions, based on a systematic assessment of 300 judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts.

UK April 2022 • US April 2022 • 312 pages PB 9781509944637 • £36.99 / $49.95 Previously published in HB 9781509939190 ePub 9781509939206 • £67.50 / $88.59 ePdf 9781509939213 • £67.50 / $88.59 Series: EU Law in the Member States • Hart Publishing

The EU Charter of Fundamental Rights in the Member States

Edited by Michal Bobek, Court of Justice of the European Union & Jeremias Adams-Prassl, University of Oxford This magisterial work provides a crucial guide to the EU Charter of Fundamental Rights. Leading lawyers from across the member states examine and assess implementation at the national level. Each is preceded by a discussion of its comparative context. Authoritative and rigorous, this is one of the most significant examinations of the Charter and its implementation.

UK June 2022 • US June 2022 • 632 pages PB 9781509945641 • £64.99 / $89.95 Previously published in HB 9781509940912 ePub 9781509940929 • £121.50 / $158.95 ePdf 9781509940936 • £121.50 / $158.95 Series: EU Law in the Member States • Hart Publishing

Building Bridges in European and Human Rights Law

Essays in Honour and Memory of Paul Heim CMG

Edited by Michael-James Clifton, EFTA Court, Luxembourg, Suzanne Rab, Serle Court Chambers, UK & David Scorey QC, Essex Court, UK This unique book, formed as a series of essays, focusses on the building of bridges between individuals and institutions in European and human rights law. Drawing on the contributions of international judges, leading practitioners, and officials, the collection provides personal reflections and expertise on selected aspects of European and human rights law. In so doing, it provides multi-level perspectives on the Court of Justice of the European Union, the EFTA Court, the European Court of Human Rights, and the International Criminal Court, and the interaction of their jurisprudence with domestic law.

UK July 2022 • US July 2022 • 304 pages HB 9781509952588 • £85.00 / $115.00 ePub 9781509952595 • £76.50 / $100.32 ePdf 9781509952601 • £76.50 / $100.32 Hart Publishing

Coercive Human Rights

Positive Duties to Mobilise the Criminal Law under the ECHR

Edited by Laurens Lavrysen, Human Rights Centre, Ghent University, Belgium & Natasa Mavronicola, University of Birmingham, UK This collection focuses on the rich jurisprudence of the European Court of Human Rights to explore 4 interlocking themes surrounding the issue of coercive human rights: duties to mobilise the criminal law as a means of delivering human rights protection; factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability; the most pressing challenges for the ECtHR’s coercive duties doctrine; and the (prospective) evolution of coercive human rights doctrine and its application within national jurisdictions.

UK May 2022 • US May 2022 • 312 pages PB 9781509945399 • £34.99 / $47.95 Previously published in HB 9781509937875 ePub 9781509937882 • £63.00 / $83.38 ePdf 9781509937899 • £63.00 / $83.38 Series: Hart Studies in Security and Justice • Hart Publishing

Faith in Courts

Human Rights Advocacy and the Transnational Regulation of Religion

Lisa Harms, University of Münster, Germany The phenomenon of judicialisation in the field of freedom of religion is long recognised. But, to date, little has been written on how advocacy and strategic litigation has actively changed the field. This important books does just that. It shows how Jehovah’s Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and Russian Orthodox actors have negotiated the right to freedom of religion at the ECtHR over the past 30 years. Drawing on in-depth interviews, in-depth case law analysis, and media representation, it is a powerful study of the impact of legal mobilisation on international and transnational law.

UK August 2022 • US August 2022 • 304 pages HB 9781509945047 • £80.00 / $110.00 ePub 9781509945108 • £72.00 / $95.11 ePdf 9781509945115 • £72.00 / $95.11 Series: Hart Monographs in Transnational and International Law • Hart Publishing

Intersectionality and Human Rights Law

Edited by Shreya Atrey, University of Oxford & Peter Dunne, University of Bristol, UK This collection of essays explores how the complexity of human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. It uses intersectionality theory as a lens for examining whether the human rights discourse, based on its universal and common values, is equipped to capture and respond to the difference in people’s lived experience of rights. In particular, it analyses the experience of those who find themselves at the margins of human rights, eg those who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc.

UK June 2022 • US June 2022 • 204 pages PB 9781509942251 • £27.99 / $37.95 Previously published in HB 9781509935291 ePub 9781509935307 • £49.50 / $65.14 ePdf 9781509935314 • £49.50 / $65.14 Hart Publishing