The Past, Present and Future of the Relation between the European Court of Justice and the European Court of Human Rights

Forthcoming in 35 Yearbook of European Law (2016)

iCourts Working Paper Series No. 37

31 Pages Posted: 3 Dec 2015 Last revised: 12 Apr 2017

See all articles by Federico Fabbrini

Federico Fabbrini

Dublin City University - School of Law and Government

Joris Larik

Leiden University; Leuven Centre for Global Governance Studies, KU Leuven

Date Written: December 1, 2015

Abstract

Opinion 2/13, by which the CJEU declared incompatible with the EU treaties the long-negotiated draft agreement on EU accession to the ECHR, came as a shock to many observers. Yet, the relation between the ECJ and the ECtHR has a glorious past, and can continue to have a bright future. While the dust kicked up by Opinion 2/13 settles, the article takes a step back and puts the ruling of the CJEU in a wider context. It recalls the long-standing historical relations between the CJEU and the ECtHR, and discusses the possible scenarios that may open up in the future. In particular, it claims that, even in the aftermath of Opinion 2/13, a virtuous competition between the CJEU and the ECtHR can have beneficial effect for the protection of fundamental rights, as evidenced by the case of judicial review of targeted UN sanctions. At a time of increasing frustration and preoccupation on the relation between the CJEU and the ECtHR, the article strikes a note of optimism, suggesting that the interaction between the two European supranational courts can still play a positive role for fundamental rights in Europe.

Keywords: European Court of Justice, European Ct HR, Accession agreement, Opinion 2/13, judicial dialogue

Suggested Citation

Fabbrini, Federico and Larik, Joris, The Past, Present and Future of the Relation between the European Court of Justice and the European Court of Human Rights (December 1, 2015). Forthcoming in 35 Yearbook of European Law (2016); iCourts Working Paper Series No. 37. Available at SSRN: https://ssrn.com/abstract=2697513 or http://dx.doi.org/10.2139/ssrn.2697513

Federico Fabbrini (Contact Author)

Dublin City University - School of Law and Government ( email )

Ireland

Joris Larik

Leiden University ( email )

The Hague, 2599 DG
Netherlands

HOME PAGE: http://https://www.universiteitleiden.nl/en/staffmembers/joris-larik#tab-1

Leuven Centre for Global Governance Studies, KU Leuven ( email )

Charles Deberiotstraat 34
Leuven, B-3000
Belgium

HOME PAGE: http://https://ghum.kuleuven.be/ggs/about-us/people/dr.-joris-larik

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