European Convention on Human Rights and Its Impact on National Private Law : A Comparative Perspective

Originally, the European Convention on Human Rights (ECHR) was meant to protect the rights and freedoms of individuals against interference from the state. However, following the landmark ruling of the European Court of Human Rights (ECtHR) in the case of Marckx v Belgium, it has become apparent that the ECHR matters also in the ‘horizontal’ relationships between private parties. Over the last two decades, the ECHR has come to play a major role in a large number of private law issues. As a result, the case-law of the ECtHR has triggered significant changes in Contracting States’ domestic private laws. The aim of this book is to provide a broader view of the impact of the ECHR on national private law. To that end, it begins with a comparative analysis of the interaction between the ECHR and the States Parties’ domestic laws, focusing on two jurisdictions: Germany and Italy. The chapters forming the main part of the book explore, also from a comparative perspective, the influence of the ECHR on a wide range of fields of private law, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law. The analysis of cases reveals many common features, but likewise some inconsistencies, in the decisions of the ECtHR involving issues of private law. The final part of the book focuses on a number of overarching issues, in particular on the role of comparative law in the reasoning of the ECtHR and on the contribution of the ECHR to European harmonisation of private law. What becomes apparent from the various contributions is that the ECHR and the case-law of the ECtHR are becoming important elements of a common European private law.

Matteo Fornasier holds a Chair of Private Law, Labour Law, Private International Law and Comparative Law at Ruhr University Bochum. His main area of research is the Europeanisation of labour and contract law.

Maria Gabriella Stanzione is Associate Professor of Comparative Law at the University of Salerno, where she holds a Chair of Comparative Legal Systems, Anglo-American Law and Comparative Media Law. Her research interests range from fundamental rights and family law to personal data protection law and civil liability. She is an author of monographs, articles and scientific essays.

With contributions by Edoardo Ales (University of Naples ‘Parthenope’), Francesca Benatti (Catholic University of Sacred Heart, Milano), Gabriele Buchholtz (University of Hamburg), Katharina de la Durantaye (Free University Berlin), Konrad Duden (Leipzig University), Anatol Dutta (Ludwig Maximilian University of Munich), Dominik Ebel (Heidelberg University), Andreas Engel (Heidelberg University), Matteo Fornasier (Ruhr University Bochum), Christian Heinze (Heidelberg University), Giovanni Maria Riccio (University of Salerno), Giacomo Rojas Elgueta (Roma Tre University), Maria Gabriella Stanzione (University of Salerno), Laura Vagni (University of Macerata), Filippo Viglione (University of Padova) and Denise Wiedemann (Max Planck Institute for Comparative and International Private Law).