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A Tale of Two Courts: Luxembourg, Strasbourg and the Growing European Human Rights Acquis

43 Common Market Law Review (2006) 629

37 Pages Posted: 25 Jun 2014  

Sionaidh Douglas-Scott

University of Oxford - Faculty of Law; Queen Mary University of London

Date Written: June 24, 2014

Abstract

This article seeks to explore the human rights jurisdiction of the Court of Human Rights and European Court of Justice, and most particularly to study how they interact with each other. How do they acknowledge each other’s existence; how often do they cite each other’s case law; how, if at all, does their human rights jurisprudence differ from each other; how, if at all, does the bringing of a case in one court rather than the other affect its outcome; how does the courts’ use of each other’s materials differ from traditional comparative law usages; how does the close development of two near, but not identical, human rights jurisdictions in Europe affect the development of human rights in the European legal space?

Keywords: European Union, Human Rights, European Convention on Human Rights, European Court of Justice, European Convention on Human Rights

Suggested Citation

Douglas-Scott, Sionaidh, A Tale of Two Courts: Luxembourg, Strasbourg and the Growing European Human Rights Acquis (June 24, 2014). 43 Common Market Law Review (2006) 629. Available at SSRN: https://ssrn.com/abstract=2458367

Sionaidh Douglas-Scott (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Queen Mary University of London ( email )

School of Economics and Finance
Mile End Road
London, E1 4NS
United Kingdom

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