Abstract

This paper considers the implications of Opinion 2/13 by the Court of Justice of the European Union on the interrelationship between European Union law and the European Convention on Human Rights. It addresses the question of the extent to which the Bosphorus decision of the European Court of Human Rights can be maintained. The paper overviews the background to Opinion 2/13 before going on to briefly analyse Opinion 2/13. The paper addresses the effects the Opinion will have on the relationship between the ECHR and the CJEU, the effects it has had on international treaties, and in particular on the Brussels II bis Regulation.

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