Two Judicial Systems in One Area : Relationship between European Court of Justice and European Court of Human Rights

Articles in Press

Document Type : Original Article

Authors

1 Law faculty of Allame Tabatabee University

2 Professor, Department of International Relations, Faculty of Law and Political Science, Allameh Tabataba'i University. Tehran. Iran.

10.48300/jlr.2022.360294.2162

Abstract

Fundamental human rights is being safeguarded by two main judicial bodies throughout Europe . The Strasbourg court guarantees the respect of the rights enshrined in the Convention on Protection of Human Rights and Fundamental Freedoms , while the Luxembourg court is not and has never been a human rights court. However, its mandate has transcended the stage of market integration, therefore this organ had to consider the case law of Strasbourg court and convention. Nevertheless as soon as the Charter of Fundamental Rights came into force , the Luxembourg court relied on its own catalogue of rights and ignored the aforementioned sources . This approach parallel to non-accession of the European union to the Convention following opinion 2/13 of the Court of Justice of European Union may affect the longer term of the Convention system and result to challenges in protecting fundamental human rights.Nevertheless , since the European Court of Justice was convicted of not being dedicated to fundamental human rights , this organ tried to improve human rights through relying on European Court of Human Rights precedent shoulder to shoulder of enhancing its own case law in the light of EU goals and principles .

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 06 December 2022

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