The ECJ and the ECtHR: The Future Relationship between the Two European Courts

The ECJ and the ECtHR: The Future Relationship between the Two European Courts © 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

The ECJ and the ECtHR: The Future Relationship between the Two European Courts

Loading next page...
 
/lp/brill/the-ecj-and-the-ecthr-the-future-relationship-between-the-two-european-HdATpHAFOr
Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/156918509X12537882648426
Publisher site
See Article on Publisher Site

Abstract

© 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

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2009

Keywords: ECJ; JURISDICTIONAL CONFLICT; ECTHR; BOSPHORUS CASE; ECHR ACCESSION; EXCLUSIVE JURISDICTION; EU CHARTER OF FUNDAMENTAL RIGHTS

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off