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The European Court of Justice and International Courts$
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Tobias Lock

Print publication date: 2015

Print ISBN-13: 9780199660476

Published to Oxford Scholarship Online: November 2015

DOI: 10.1093/acprof:oso/9780199660476.001.0001

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The Court of Justice and the European Court of Human Rights

The Court of Justice and the European Court of Human Rights

A Special Relationship

Chapter:
(p.167) 4 The Court of Justice and the European Court of Human Rights
Source:
The European Court of Justice and International Courts
Author(s):

Tobias Lock

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199660476.003.0004

This chapter deals with the special relationship between the CJEU and the ‘other’ European court, the European Court of Human Rights, which is probably the most relevant in practice. There is ample evidence for close interaction already taking place between both courts, which is likely to increase once the EU has acceded to the ECHR. The chapter is divided into two parts. It first addresses the current state of affairs, which is characterized by a strong but informal cooperation between the two Courts. The ECtHR currently has jurisdiction to indirectly review some EU acts and both courts regularly refer to the other’s decisions, which leads to a good deal of cross-fertilization between them. The second part is dedicated to the changes to this relationship, which accession by the EU to the ECHR might bring.

Keywords:   ECHR, EU accession, divergences, cross-fertilization, Bosphorus presumption, prior involvement mechanism, inter-party proceedings, Article 351 TFEU, Connlly gap, Matthews case

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