National Courts between the European Court of Human Rights and the Court of Justice of the European Union. A Complicated Trio Relationship
National Courts between the European Court of Human Rights and the Court of Justice of the European Union. A Complicated Trio Relationship
Author(s): Vlad NeagoeSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura Universitatii Transilvania din Brasov
Keywords: human rights protection in the EU; the relationship between national courts; the CJEU and the ECtHR; EU accession to the ECHR;
Summary/Abstract: The two main European courts share a common history. Based on this, it is now natural to talk about what the doctrine calls "cross-fertilisation", which leads to the "unionisation" of the Conventions and the "conventionalisation" of the European Union (Sionaidh Douglas-Scott, 2013, p. 5). However, there is not always uniformity of solutions between the two European courts, so that among them is the national judge, who must comply with both guidelines. This paper aims to explore how the national judge can accomplish this.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 17/2024
- Issue No: 2.1-Suppl
- Page Range: 105-114
- Page Count: 10
- Language: English
