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

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.

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

JEL Classification: K33