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Continuity and Change in EU LawEssays in Honour of Sir Francis Jacobs$
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Anthony Arnull, Piet Eeckhout, and Takis Tridimas

Print publication date: 2008

Print ISBN-13: 9780199219032

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199219032.001.0001

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The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?

The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?

Chapter:
(p.139) 8 The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
Source:
Continuity and Change in EU Law
Author(s):

Robin CA White

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199219032.003.0008

This chapter focuses on the relationship between the Strasbourg Court and the European Court of Justice. Specifically, it addresses the question of whether mutual respect between the two Courts is enough to secure guarantees for the protection of human rights in the European Union. It is argued that it is sufficient in the current state of development of the protection of human rights by international organizations, but nevertheless leaves a human rights deficit. This refers to areas where there is no judicial supervision of compliance with human rights obligations.

Keywords:   Strasbourg Court, European Court of Justice, accession, EU, European Convention, human rights

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