Does the European Court of Human Rights Provide Protection from the European Community? – The Case of Bosphorus Airways
European Public Law, Vol. 13, pp. 47–67, 2007
21 Pages Posted: 18 Aug 2009 Last revised: 15 Feb 2015
Date Written: January 1, 2007
The relationship between the European Court of Human Rights and the European Court of Justice is a longstanding issue in academic literature. In the recent case of Bosphorus Airways the ECtHR had for the first time the occasion to confirm its readiness to review, at least indirectly, European Community law. The Strasbourg Court was asked to review an act of a Contracting Party adopted to comply with EC law and it agreed to do so. Additionally, the EC law obligation had been confirmed by an ECJ decision, which was consequently also subject to the ECtHR’s review. However, the protection the individual may find in Strasbourg from Community acts remains doubtful. It is suggested that the ECtHR applied a reduced level of judicial scrutiny which will contribute to the respectful relationship between the two European Courts, but it does not offer the individual an effective external review of alleged human rights infringements by the EC.
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Keywords: relationship between the ECJ and the ECtHR, case of Bosphorus, presumption of equivalent protection
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