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

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