Discusses the effects of the jurisprudence of the European Court of Human Rights on rule of law and private law developments, exploring case studies from South-Eastern Europe. In this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe.
The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.
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Discusses the effects of the jurisprudence of the European Court of Human Rights on rule of law and private law developments, exploring case studies from South-Eastern Europe.
Part One: General Discussions
1. Private Law, Rule of Law and the European Court of Human Rights:
Comparative Perspectives from South-Eastern Europe: - An Introduction,
Cristina Poncibò, Mateja Durovic
2. Rule of Law and the Next Generation EU Recovery Plan: A Bumpy Road from
Vagueness to Conditionality, Gianmaria Ajani
3. (Un)defining the Right to Property in the Light of the Case Law of the
European Court of Human Rights, Sabrina Praduroux
4. Access to Justice as an integral part of the Rule of Law in Western Balkan
Countries, Svitlana Zadorozhna
Part Two: Substantive Rights, Such as Right to Property
5. The System of Consumer Protection and its Correlation with the Concept of
Human Rights Protection in Southeast Europe, Darko Spasevski
6. The Horizonal Application of Fundamental Rights and General Principles in
Private Cases in Albania, Fjoralba Caka and Nada Dollani
7. ECHR and the Derogation in Time of Emergency the Case of the Republic of
North Macedonia, Julija Brsakoska Bazerkoska, Aleksandar Spasov
8. Property Rights and the Secularisation of the State: Challenges of North
Macedonian Pluralism, Federica Torta
Part Three: Procedural Rights - Access to Justice
9. Blast from the Past - Consumer Collective Redress in Serbia, Branka
Babovic Vuksanovic
10. Rule by Law, Excessive Length of Proceedings, and Property Rights in
Slovenia, Mitja Kovac
11. Private and Family Life of Same-Sex Couples Before the ECtHR and the
CJEU. The Romanian Perspective, Raluca Bercea
12. Orthodoxy and Acquis Communautaire, Giovanni Cimbalo
Mateja Durovic is Professor of Law at King's College London, UK. Cristina Poncibò is Professor of Comparative Private Law at the Law Department of the University of Turin, Italy.
