Abstract
The Utrecht Law Review is an open-access peer-reviewed journal which aims to offer an international academic platform for cross-border legal research. In the first place, this concerns research in which the boundaries of the classic branches of the law (private law, criminal law, constitutional and administrative law, European and public international law) are crossed and connections are made between these areas of the law, amongst others from a comparative law perspective. In addition, the journal welcomes research in which classic law is brought face to face with not strictly legal disciplines such as philosophy, economics, political sciences and public administration science.The journal was established in 2005 and is affiliated to the Utrecht University School of Law. If you wish to receive e-mail alerts please join the mailing list.
Highlights
The delimitation of competences in human rights review between the European Court of Human Rights (ECtHR) in Strasbourg and the European Court of Justice (ECJ) in Luxemburg has been questioned several times over the past decades
In the Bosphorus case, the ECtHR considered a question that goes beyond the familiar discussion on how far the Strasbourg court might explore its scrutiny in reviewing Community acts: might Europe see a two-tiered human rights system, where regionally among the EU and its Member States more flexible review is maintained, coupled with stricter review for other non-EU Member States of the Council of Europe (CoE)? To what extent is this judgment likely to create formal recognition of such a double standard in European human rights protection?
Partial conclusions It follows that EU Member States are apparently held responsible for acts of primary Community law as these concern Public International (Treaty) Law
Summary
The delimitation of competences in human rights review between the European Court of Human Rights (ECtHR) in Strasbourg and the European Court of Justice (ECJ) in Luxemburg has been questioned several times over the past decades. In the Bosphorus case, the ECtHR considered a question that goes beyond the familiar discussion on how far the Strasbourg court might explore its scrutiny in reviewing Community acts: might Europe see a two-tiered human rights system, where regionally among the EU and its Member States more flexible review is maintained, coupled with stricter review for other non-EU Member States of the Council of Europe (CoE)? To what extent is this judgment likely to create formal recognition of such a double standard in European human rights protection? In the Bosphorus case, the ECtHR considered a question that goes beyond the familiar discussion on how far the Strasbourg court might explore its scrutiny in reviewing Community acts: might Europe see a two-tiered human rights system, where regionally among the EU and its Member States more flexible review is maintained, coupled with stricter review for other non-EU Member States of the Council of Europe (CoE)? To what extent is this judgment likely to create formal recognition of such a double standard in European human rights protection?
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