The European Court of Justice and International Courts

Abstract

Abstract This book explores the role played by the Court of Justice of the European Union (CJEU) in the concert of international courts by providing a comprehensive analysis of the CJEU’s relations with its international counterparts. These relations are characterized by the CJEU’s exclusive jurisdiction over EU law and its broad interpretation of that concept. Conflicts of jurisdiction in particular occur in the context of so-called mixed agreements, large aspects of which the CJEU may consider to be ‘integral parts’ of EU law and thus to fall within its exclusive jurisdiction. This poses a problem for international courts, which may also have jurisdiction over such agreements. On the basis of a discussion of the international legal framework for the resolution of conflicts of jurisdiction and conflicts of interpretation, the book provides a comprehensive and critical analysis of the CJEU’s far-reaching jurisdiction and suggests possible solutions to conflicts stemming from this. It also addresses the special relationship between the CJEU and the European Court of Human Rights (ECtHR), whose interaction is unique. The book shows that both courts are involved in the development of European human rights law and have great influence on each other’s case law. In addition, the ECtHR’s jurisdiction to review decisions by the CJEU is explored on the basis of both the current arrangements and those in place after the EU’s accession to the ECHR.