Chapter

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

Robin CA White

in Continuity and Change in EU Law

Published in print March 2008 | ISBN: 9780199219032
Published online January 2009 | e-ISBN: 9780191711862 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199219032.003.0008
 The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?

Show Summary Details

Preview

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

Chapter.  8654 words. 

Subjects: EU Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.