Bosphorus v. Ireland and the Protection of Fundamental Rights in Europe

(2006) 31 European Law Review, 251-59

9 Pages Posted: 5 Feb 2013

See all articles by Alicia Hinarejos

Alicia Hinarejos

McGill University, Faculty of Law

Date Written: 2006

Abstract

In Bosphorus v Ireland, the European Court of Human Rights (“ECtHR”) has clarified the conditions under which an EU Member State will be held responsible for a breach of the European Convention on Human Rights arising from EC law or its national implementation. The judgment sheds light on the role played by national discretion, as well as on the question of when and how the “equivalent protection” test will be applied to the European Community. This article provides a short reminder of the case law of the ECtHR concerning EC Member States’ responsibility for EC action and analyses the judgment in Bosphorus v Ireland and its meaning for the protection of fundamental rights in Europe.

Keywords: EU Law, EC Law, ECHR, European Court of Human Rights, Bosphorus, Protection of Fundamental Rights, Equivalent Protection

JEL Classification: K00, K30, K33

Suggested Citation

Hinarejos, Alicia, Bosphorus v. Ireland and the Protection of Fundamental Rights in Europe (2006). (2006) 31 European Law Review, 251-59, Available at SSRN: https://ssrn.com/abstract=2211654

Alicia Hinarejos (Contact Author)

McGill University, Faculty of Law ( email )

3644 Peel Street
Montreal, Quebec H3A 1W9
Canada

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