Abstract

https://ssrn.com/abstract=2871263
 


 



From Opinion 2/13 to Avotiņš: Recent Developments in the Relationship between the Luxembourg and Strasbourg Court


Lize Glas


Radboud University Nijmegen

Jasper Krommendijk


Radboud University Nijmegen - Faculty of Law

November 17, 2016

Human Rights Law Review, Vol. 17(2), Forthcoming

Abstract:     
With its recent judgment in Avotiņš v Latvia of May 2016, the ECtHR arrived at its long-awaited answer to Opinion 2/13 of the CJEU. Many commentators hinted at the possibility that the ECtHR would drop its Bosphorus presumption following Opinion 2/13 because of the critical approach of the CJEU towards the ECtHR in Opinion 2/13. The ECtHR, however, chose to uphold the Bosphorus doctrine in Avotiņš, a case dealing with the Brussels I Regulation on the mutual recognition of civil law judgments. At first sight, the response of the ECtHR in Avotiņš does not seem antagonistic and it seems that the ECtHR avoided entering into an arms race with the CJEU. Closer scrutiny of the judgment reveals, however, that this is not entirely true.

Number of Pages in PDF File: 15

Keywords: Relationship CJEU and ECtHR, Accession EU to ECHR, Opinion 2/13, Bosphorus Doctrine, Mutual Trust

JEL Classification: K33


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Date posted: November 18, 2016  

Suggested Citation

Glas, Lize and Krommendijk, Jasper, From Opinion 2/13 to Avotiņš: Recent Developments in the Relationship between the Luxembourg and Strasbourg Court (November 17, 2016). Human Rights Law Review, Vol. 17(2), Forthcoming. Available at SSRN: https://ssrn.com/abstract=2871263

Contact Information

Lize Glas
Radboud University Nijmegen ( email )
Nijmegen, 6500 HK
Netherlands
Jasper Krommendijk (Contact Author)
Radboud University Nijmegen - Faculty of Law ( email )
Nijmegen, 6500 KK
Netherlands
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