Shadow zones in the application of civil rights protection in Danish courts – University of Copenhagen

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24 June 2016

Shadow zones in the application of civil rights protection in Danish courts

Silvia Adamo publishes article in Nordic Journal of International Law.

The article Protecting International Civil Rights in a National Context: Danish Law and Its Discontents is based on the research carried out within the bEUcitizen research project, that focuses on the barriers to realisation of Union citizens’ rights – among these their civil rights.

The article analyses the placement of civil rights in the ranking of sources of law, focusing on the impact of incorporation of international law obligations into national law and ratification of international law instruments. Taking Danish law as an example, the article describes the interaction between notions of civil rights in the national constitution, the ECHR and the EU Charter on Fundamental Rights.

The article includes new and up-to-date information, particularly the findings of the 2014 Ministry of Justice report on incorporation in the human rights area (Betænkning nr. 1546) and the treatment of the new case law referring to the EU Charter. The article concludes that Danish and other Nordic courts seem to leave more delicate matters to the political decision makers and that this can be seen as an unnecessary self-constraint that weakens the protection of civil rights.

See more on Brill online.