Defer and rule: The relationship between the EU, the European Convention on Human Rights and the UN
2012 (English)Report (Other academic)
This paper starts with the respective judgments of the EU Court of Justice (ECJ) in Kadi and Al Barakaat and of the European Court of Human Rights (ECtHR) in Behrami and Saramati. Through this and subsequent case law the paper aims at analyzing and comparing the seemingly contradictory stands taken by the EU General Court, the ECJ and the ECtHR on the relationship between the regional European legal orders and the global UN legal order in matters relating to international peace and security. In the later al-Skeini and al-Jedda judgments there are signs that the ECtHR is modifying its position with respect to the relationship between the European Convention on Human Rights and the UN legal order. It seems as if the ECtHR is getting closer to the ECJ’s approach, or at least is modifying its position in a way which is easier to reconcile with the ECJ’s approach. The recent judgment in Nada confirms the new turn. The analysis of the trends in the case law of the three European courts will include a discussion of the possible effects that the approaching accession of the EU to the European Convention on Human Rights might have on the positions taken.
Place, publisher, year, edition, pages
Uppsala: Uppsala universitet, Faculty of Law , 2012. , 44 p.
Uppsala Faculty of Law Working Paper, 2012:5
Law and Society
Research subject Public International Law
IdentifiersURN: urn:nbn:se:uu:diva-187815OAI: oai:DiVA.org:uu-187815DiVA: diva2:575710