43 Common Market Law Review (2006) 243
12 Pages Posted: 25 Jun 2014
Date Written: September 24, 2005
The Bosphorus case raised the critical question of the relationship between the EU and the European Court of Human Rights, where an applicant claims that an EU measure has infringed their rights under the European Convention on Human Rights. The case arose out of the troubled situation in the former Yugoslavia in the early 1990s and the sanctions imposed to deal with it, and finally ended with the judgment of the Court of Human Rights in June 2005.
The article discusses the case in detail and concludes that, as well as raising issues of comity where different courts and legal systems interact, Bosphorus is yet another illustration of the singular nature of a multidimensional European legal space, in which there exists no straightforward hierarchical relationship in human rights cases. In Bosphorus, the Court of Human Rights seemed to be following in the footsteps of the Bundesverfassungsgericht in its "Solange" jurisprudence, whereby EU law is not reviewed as long as it does not fall below the level of the Basic law (or in this case the European Convention). However, the Bundesverfassungsgericht tends to find such cases inadmissible, whereas it would seem that the European Court of Human Rights has chosen a halfway house, a typically European compromise, in which jurisdiction may be accepted, but a full review not undertaken. This still leaves room for future development and it seems that Bosphorus is not the last we will see of such interactions between the EU and the European Court of Human Rights.
Keywords: EU, ECHR, Human Rights, European Court of Justice, European Court of Human Rights
Suggested Citation: Suggested Citation
Douglas-Scott, Sionaidh, Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi v. Ireland, Application No. 45036/98, Judgment of the European Court of Human Rights (Grand Chamber) of 30 June 2005, (2006) 42 E.H.R.R. 1 (September 24, 2005). 43 Common Market Law Review (2006) 243. Available at SSRN: https://ssrn.com/abstract=2458376