Floors or Ceilings: European Supranational Courts and Their Authority in Human Rights Matters
in Koen Lemmens, Stephan Parmentier and Louise Reyntjens (eds), Human Rights with a Human Touch: Liber Amicorum Paul Lemmens, Inttersentia Publishers, 2019, 281-312
32 Pages Posted: 24 Jan 2020
Date Written: December 31, 2019
In the field of human rights protection, two supranational courts operate in Europe, each with its distinctive mandate: the European Court of Human Rights in Strasbourg, and the Court of Justice of the European Union in Luxemburg. Recently, the latter entered a thematic sphere that has long been on the table of the former, i.e. bans on the wearing of religious symbols or dress in specific contexts. Through a discussion of recent judgments of each of the two courts in this field, this paper elucidates the differences in the respective courts’ mandates, and explores the consequences thereof.
Keywords: European Court of Human Rights, Court of Justice of the European Union, religious freedom, discrimination, subsidiarity
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