The risk of overly fragmented case law between the Convention and the Charter of and the relationship between the European Court of Justice and the . Polakiewicz, Jörg: EU Law and the ECHR: Will EU Accession to the. the European Court of Human Rights (ECtHR) and the Court of .. interaction between ECJ and ECtHR and the relationship between the two. The relationship between the European Court of Justice (ECJ) and European Court of Human Rights (ECtHR) is an issue in European Union law and human.
However, as this paper indicates, this is not always the case. Human rights have gained a more important role in the EU. As both courts are transnational, much of their case law is built on their own general principles of law.
It is understandable that both the European Court of Justice and European Court of Human Rights pursue their own autonomy and control while trying to avoid conflicts. However, it should be noted that there must be mutual awareness by the courts to avoid unnecessary conflicts out of ignorance. Due to this acknowledgment, each court needs to tread carefully in the present complex jurisdictional arena.
Of course, some judgments can be singled out in which the Luxembourg court has used more detailed argumentation.
However, even after the Treaty of Lisbon, this practice is still extremely rare. In interpreting and establishing human rights standards under the EU Charter, the Luxembourg court still rarely relies on other international case law in its rulings.
Acting thus, it also misses an opportunity to strengthen and legitimize its rulings in the eyes of European citizens. The Luxembourg court substantially analysed one or more provisions of the Charter in 27 of judgments.
Within these 27 cases, the case law of the Strasbourg court was referred to in 10 cases and in all of these cases, the court approved the reasoning of the Strasbourg court. In the remaining 95 cases, the reference was only in passing. The Luxembourg court referred to the Convention in 18 of these cases, and the Advocate General made 34 references.
In recent years, the application of Article 52 3 by the Luxembourg court has undergone some changes. The Luxembourg court does not participate in detailed case law analyses even where such references are required under Article 52 3.How the Court works – the basics
The worst-case scenario is that in future there will be two sets of case law on the same fundamental rights; this would not help to promote the legal certainty in Europe. Nevertheless, this type of autonomy has no basis either in the Charter or in the Treaty of Lisbon. If a Member State is found to be breaching its EU obligations, the court will order the State to rectify its actions and may issue a fine.
The Court can declare that EU law is null and void.
Individuals can also make such requests to the Court of Justice if their personal rights are directly affected by the EU law complained of. Actions by individuals, companies, Members States and European institutions against European institutions for failing to act in accordance with EU law.
Relationship between the European Court of Justice and European Court of Human Rights - Wikipedia
Preliminary rulings are most relevant to my work. Any national court of an EU Member State can, at any stage in the proceedings, make a referral for a preliminary ruling to the ECJ as long as the referral concerns a point of EU law and its interpretation. The request for a preliminary ruling must be precise, and often is only one or two questions. The ECJ will only answer the questions put.
Present and Future Relations between the ECJ and the ECtHR : ICL Journal
It does not have the jurisdiction to comment on any other ancillary matter. The reference also demonstrates how precise questions put the CJEU are. This reference requested an urgent ruling for fear of the serious emotional toll on the minor children, whose interests Mr Justice Mostyn considered were being harmed by the dispute between their parents.