The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe

Oxford Legal Studies Research Paper No. 46/2006

Human Rights Law Review, pp. 87-130, 2006

Posted: 2 Nov 2006

See all articles by Cathryn Costello

Cathryn Costello

University of Oxford - Refugee Studies Centre; University of Oxford - Faculty of Law; University of Oxford - Department of International Development

Abstract

The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use and scope of the doctrine of 'equivalent protection' to determine State responsibility. The doctrine as outlined in Bosphorus is applied to some likely scenarios involving EU action and its relative merits and disadvantages are discussed. The article also briefly addresses the further global implications of the judgment, namely for the legal accountability of the UN Security Council and the ongoing issue of responsibility of international organisations under international law.

Suggested Citation

Costello, Cathryn, The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe. Oxford Legal Studies Research Paper No. 46/2006, Human Rights Law Review, pp. 87-130, 2006, Available at SSRN: https://ssrn.com/abstract=942038

Cathryn Costello (Contact Author)

University of Oxford - Refugee Studies Centre ( email )

Oxford Department of International Development
32 Mansfield Road
Oxford, OX13TB
United Kingdom

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

University of Oxford - Department of International Development ( email )

3 Mansfield Road
Oxford, OX1 3TB
United Kingdom

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