© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/156918509X12537882648426 Th e Law and Practice of International Courts and Tribunals 8 (2009) 375–398 brill.nl/lape Th e ECJ and the ECtHR: Th e Future Relationship between the Two European Courts Tobias Lock DAAD/Cliﬀ ord Chance Lecturer, Faculty of Laws, University College London, UK Abstract Th e current relationship between the two European courts has been discussed in some great detail while the future of that relationship has been widely neglected. Th is is somewhat surpris- ing as the entry into force of the Lisbon Treaty and with it of the EU Charter of Fundamental Rights as well as the EU’s succession to the ECHR are probably going to take place before too long. Th e article ﬁ rst examines Article 52(3) of the Charter, which prescribes that the ECHR be the minimum standard of human rights in the EU. It is argued that Article 52 (3) does not entail a reference to the ECtHR’s case law so that the ECJ will not be bound by that case law. After an accession of the EU to the ECHR, it is likely that both courts will assert that they have exclusive jurisdiction over
The Law & Practice of International Courts and Tribunals – Brill
Published: Jan 1, 2009
Keywords: ECJ; JURISDICTIONAL CONFLICT; ECTHR; BOSPHORUS CASE; ECHR ACCESSION; EXCLUSIVE JURISDICTION; EU CHARTER OF FUNDAMENTAL RIGHTS
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