On Misguided Judicial Deference by the ECJ and ECRTHR

DISPUTE RESOLUTION, C. Baudenbacher, ed., German Law Publishers, 2009

7 Pages Posted: 29 Dec 2009

See all articles by Nikos Lavranos

Nikos Lavranos

European Federation for Investment Law and Arbitration (EFILA)

Date Written: December 28, 2009

Abstract

This contribution analyzes several cases in which both the ECJ and ECrtHR showed a misguided deference by not actually deciding the case but rather rendering unconvincing judgments. It is argued that in highly sensitive case, courts should instead refuse to be abused by parties for resolving disputes that should rather be solved by political decisions.

Keywords: judicial deference, dispute resolution, ECJ, ECRTHR

Suggested Citation

Lavranos, Nikos, On Misguided Judicial Deference by the ECJ and ECRTHR (December 28, 2009). DISPUTE RESOLUTION, C. Baudenbacher, ed., German Law Publishers, 2009, Available at SSRN: https://ssrn.com/abstract=1528908

Nikos Lavranos (Contact Author)

European Federation for Investment Law and Arbitration (EFILA) ( email )

Brussels
Belgium

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