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

Abstract

AbstractThis article tackles questions relating to the interrelationship between the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, as well as the roles of the two European courts charged with their interpretation and application, by way of two case studies. The cases chosen address two very different issues—surrogacy and the right to privacy and family life on the one hand, and religious freedom and the wearing of religious symbols in the workplace on the other. On the surrogacy issue the article refers to an Irish Supreme Court case as well as case law from the Strasbourg and Luxembourg courts to illustrate how limits to the jurisdiction of the two European courts is, or is not, clearly articulated and the legal tools used when addressing sensitive legal questions of this nature. As regards the wearing of religious symbols in the workplace, the article concentrates on cases originating in the United Kingdom and France which have been examined by the Strasbourg court and highlights the similarities and differences between that case law and recent judgments of the Luxembourg court, called on, for the first time, to tackle questions of discrimination on grounds of religion with reference to EU anti-discrimination directives and the provisions of the Charter on both equality and religious freedom.