Relationship between the European Court of Justice and European Court of Human Rights
Encyclopedia
The relationship between the European Court of Justice and European Court of Human Rights is an issue in European Union law
and human rights law. The European Court of Justice
rules on European Union
(EU) law while the European Court of Human Rights
rules on European Convention on Human Rights
which covers the whole of Europe
, not just the EU, but not the institutions of the European Union
.
(EU) is not a member of the Council of Europe
and the European Union takes the view that while it is bound by the European Convention it is not bound by the rulings of the European Court of Human Rights.
The European Court of Justice
(ECJ) gives the European Convention on Human Rights
"special significance" as a "guiding principle" in its case law. The European Court of Justice uses a set of general principles of law to guide its decision-making process. One such principle is respect for fundamental rights, seen in Article 6(2) of the Treaty Establishing the European Union (Maastricht Treaty): "The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law." Within this framework, the European Court of Justice uses all treaties that the Member States of the European Union have sign or participated in as interpretive tools for the content and scope of "fundamental rights," while holding the European Convention on Human Rights as a document with "special significance."
As seen in Article 6(2) of the Maastricht Treaty, quoted above, the European Union is bound to respect fundamental rights principles. This means that the institutions of the European Union must not violate human rights, as defined by European Union law, and also that the Member States of the European Union must not violate European Union human rights principles when they implement Union legislation or act pursuant to Union law. This obligation is in addition to the Member States' pre-existing obligations to follow the rulings of the European Court of Human Rights in everything they do.
In practice, this means that the Court of Justice weaves the Convention principles throughout its reasoning. For example, in the Baumbast case, the Court held that when a child has a right of residence in a Member State according to Union law, this also means that his parent(s) should also have a right of residence due to the principle of respect for family life enshrined in Article 8 of the European Convention on Human Rights.
' did not have jurisdiction to rule on case brought against the EU. However, the EcHR has been prepared to hold EU member states liable for human rights' violations committed within their jurisdictions, even when they were just complying with a mandatory provision of EU law.
. The EU's Treaty of Lisbon
, in force since 1 December 2009, permits the EU to accede to said convention. The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now it has attained a single legal personality
in the Lisbon Treaty.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
and human rights law. The European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
rules on European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) law while the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
rules on European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
which covers the whole of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
, not just the EU, but not the institutions of the European Union
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
.
Position of the European Union
The European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) is not a member of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
and the European Union takes the view that while it is bound by the European Convention it is not bound by the rulings of the European Court of Human Rights.
The European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
(ECJ) gives the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
"special significance" as a "guiding principle" in its case law. The European Court of Justice uses a set of general principles of law to guide its decision-making process. One such principle is respect for fundamental rights, seen in Article 6(2) of the Treaty Establishing the European Union (Maastricht Treaty): "The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law." Within this framework, the European Court of Justice uses all treaties that the Member States of the European Union have sign or participated in as interpretive tools for the content and scope of "fundamental rights," while holding the European Convention on Human Rights as a document with "special significance."
As seen in Article 6(2) of the Maastricht Treaty, quoted above, the European Union is bound to respect fundamental rights principles. This means that the institutions of the European Union must not violate human rights, as defined by European Union law, and also that the Member States of the European Union must not violate European Union human rights principles when they implement Union legislation or act pursuant to Union law. This obligation is in addition to the Member States' pre-existing obligations to follow the rulings of the European Court of Human Rights in everything they do.
In practice, this means that the Court of Justice weaves the Convention principles throughout its reasoning. For example, in the Baumbast case, the Court held that when a child has a right of residence in a Member State according to Union law, this also means that his parent(s) should also have a right of residence due to the principle of respect for family life enshrined in Article 8 of the European Convention on Human Rights.
Position of the European Court of Human Rights
Prior to the entry into force on 1 June 2010 of Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the EU could not accede to the Convention, and the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
' did not have jurisdiction to rule on case brought against the EU. However, the EcHR has been prepared to hold EU member states liable for human rights' violations committed within their jurisdictions, even when they were just complying with a mandatory provision of EU law.
EU accession to ECHR
Protocol No. 14 of the ECHR entered into force on 1 June 2010. It allows the European Union to accede to the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The EU's Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
, in force since 1 December 2009, permits the EU to accede to said convention. The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now it has attained a single legal personality
Legal personality
Legal personality is the characteristic of a non-human entity regarded by law to have the status of a person....
in the Lisbon Treaty.
See also
- European Union lawEuropean Union lawEuropean Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
- European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
- European Union and the International Criminal CourtEuropean Union and the International Criminal CourtDue to its status, the European Union is not party to the International Criminal Court , but all the EU's member states are signatories and the EU has been one of the ICC's strongest supporters...