Forum Shopping between Luxembourg and Strasbourg?

3 Pages Posted: 26 Jun 2014 Last revised: 27 Jun 2014

See all articles by Thomas Streinz

Thomas Streinz

European University Institute - Department of Law (LAW); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS); NYU School of Law - Guarini Global Law & Tech

Date Written: June 17, 2014

Abstract

On the 5th and 6th of May the European Court of Justice (ECJ) held a full Court hearing in Luxembourg concerning the agreement on the accession of the European Union (EU) to the European Convention on Human Rights (ECHR). All 28 EU member states and all three EU institutions involved (Commission, Parliament and Council) pleaded to declare the agreement to be in conformity with the EU Treaties. However, some judges pointed to Protocol No 16 and worried about a potential “forum shopping“ between Luxembourg and Strasbourg which could endanger the autonomy of the EU legal order. This short article examines the impacts of Protocol No 16 and potential limits for its use under EU law.

Keywords: Accession; EU; ECHR; ECJ; ECtHR; Luxembourg; Strasbourg; forum shopping

Suggested Citation

Streinz, Thomas, Forum Shopping between Luxembourg and Strasbourg? (June 17, 2014). Available at SSRN: https://ssrn.com/abstract=2458942 or http://dx.doi.org/10.2139/ssrn.2458942

Thomas Streinz (Contact Author)

European University Institute - Department of Law (LAW) ( email )

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European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

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NYU School of Law - Guarini Global Law & Tech ( email )

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