Volume 46 (2009) / Issue 1
Guy Harpaz, 'The European Court of Justice and its relations with the European Court of Human Rights: The quest for enhanced reliance, coherence and legitimacy' (2009) 46 Common Market Law Review, Issue 1, pp. 105–141
Adopting legal–normative and political–governance perspectives, this article reviews the growing formal and informal relations that are developing between the EU and the ECHR human rights regimes, with a view to analysing the various reasons why the Luxembourg Court should rely on the Strasbourg Regime and on its jurisprudence in a more explicit, coherent, systematic and comprehensive manner. The article contends that such greater reliance may bring the EU abundant benefits in terms of enhanced and more coherent European human rights protection, reduced normative and jurisdictional tensions and resultant enhanced legitimacy, fairness, predictability, social and judicial acceptance and effet utile of the ECJ’s judgments. The article concludes that further desirable results of such a course of action would be improved and more harmonious relations with the EU Member States, the ECHR Members and the ECHR itself, and enhanced cohesive identity, internal and external legitimacy and global leadership.
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