Взаимодействието между правните системи на ЕС и на ООН през призмата на JUS COGENS и явлението CROSS-FERTILIZATION
The interface between the legal systems of the European Union and the United Nations from the Perspective of Jus Cogens and Cross-fertilization

Summary/Abstract: The interface between European Union law and the UN human rights system inthe context of the fight against terrorism could be examined in the light of a wider non-hierarchical understanding of the interface between two legal orders of different nature, basedon the concepts of cross-fertilization and jus cogens. Indeed, the evolution in human rightsprotection within the UN is a telling example of the intensive influence exerted by EU lawupon public international law through cross-fertilization. The latter concept explains theorigin of some of the newly introduced measures within the UN human rights system, whichhave been inspired or borrowed from EU law. This phenomenon describes the informal interpenetration of legal concepts, norms and principles, which correspond to the economicand political values of the host legal order. A notable feature of cross-fertilization is the irrelevance of legal hierarchy, in so far as a subordinate legal order might cause majorchanges in a higher legal order through cross-fertilization. The interface between EU lawand the UN human rights system can also be explained through the evolving concept of juscogens. Indeed, it could be argued that EU law actively shapes the contours of jus cogensin the area of human rights and thus indirectly influences the UN human rights system, giventhe latter must be consistent with jus cogens.

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