A Tale of Two Cities - Fundamental Rights Protection in Strasbourg and Luxembourg

Abstract

This paper is based on the Annual Mitchell Lecture, delivered at the Europa Institute, University of Edinburgh, on 9th November 2017 and on the Annual Distinguished Lecture, delivered at the University of Galway, on 31st March 2017. The paper tackles the questions on the interrelationship between the Convention and the EU Charter by way of a case study. The cases chosen address two very different issues − surrogacy and the right to private or family life on the one hand, and religious freedom and the wearing of religious symbols on the other. On the surrogacy issue the paper refers to an Irish Supreme Court case as well as case-law from Strasbourg and Luxembourg to illustrate how limits to the jurisdiction of the two European courts is or is not clearly articulated. On the issue of religious symbols the study concentrates on British and French cases before the Strasbourg court and highlights how the Luxembourg court has recently, for the first time, tackled questions of religious discrimination.