The Influence of EU Law on Strasbourg Doctrines

European Law Review, Forthcoming

Edinburgh School of Law Research Paper No. 2017/03

31 Pages Posted: 23 Feb 2017

See all articles by Tobias Lock

Tobias Lock

Maynooth University Department of Law

Date Written: February 10, 2017

Abstract

This paper identifies four distinct areas of EU law influence on the ECtHR’s doctrines: references for informational purposes; references to support an autonomous interpretation; legal transplants; and references in the context of evolutive interpretation. EU law is relevant for both the determination of the scope of Convention rights and for the ECtHR’s proportionality analysis. But EU law influence is not confined to the case law of the CJEU. It includes the full spectrum of EU legal materials. While it welcomes the ECtHR’s engagement with developments at the European Union level the article expresses a normative critique that is underpinned by a concern that the ECtHR’s reasoning is often lacking in clarity and exposition of argument.

Keywords: EU, ECHR, ECJ, ECtHR, legal transplants, consensus, comparative law, human rights

Suggested Citation

Lock, Tobias, The Influence of EU Law on Strasbourg Doctrines (February 10, 2017). European Law Review, Forthcoming ; Edinburgh School of Law Research Paper No. 2017/03. Available at SSRN: https://ssrn.com/abstract=2922462 or http://dx.doi.org/10.2139/ssrn.2922462

Tobias Lock (Contact Author)

Maynooth University Department of Law ( email )

Maynooth, County Kildare
Ireland

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