The review of acts of international bodies by Strasbourg judges Cover Image
  • Price 3.90 €

Le contrôle des actes des organisations internationals devant le juge de Strasbourg
The review of acts of international bodies by Strasbourg judges

Author(s): Carmen Achimescu
Subject(s): Politics / Political Sciences
Published by: Centrul de Studii Internationale
Keywords: European judge; margin of appreciation; equivalent protection; international bodies; European Convention on Human Rights

Summary/Abstract: he Jurisprudence of the European Court for Human Rights (ECfHR) has proven that neither the participation in international life, nor the transfer of competency to international bodies exempts the State from the obligations undertaken through ratifying the European Convention on Human Rights. The review by the ECfHR of derivative norms created within international legal systems is a clear proof of this fact. This review is indirect, based on a domestic law implementing the derivative norm, and not on the derivative norm itself; furthermore, the shape of the review varies according to the circumstances of each case. The national margin of appreciation granted to the State in implementing international law, as well as the level of protection of human rights within a given international legal system, are flexible concepts used by the Court to justify the variation in its review of compatibility. Thus, the Court in Strasbourg was able to establish and maintain a presumption of protection of human rights equivalent to that granted by the ECfHR relative to the former first pillar of the legal order in the European Union; the Court refused to expand this presumption to the entire legal system of the European Union or to other international legal systems.

  • Issue Year: 10/2014
  • Issue No: 2
  • Page Range: 12-30
  • Page Count: 19
  • Language: French