Fundamental Rights in Europe after Opinion 2/13: The Hidden Promise of Mutual Trust

Roes, T.; Petkova, B.; Landfried C

doi:doi:10.1017/9781108348669.010

Persistent URL of this record https://hdl.handle.net/1887/67273

View statistics

In Collections

This item can be found in the following collections:

Institute of Public Law

Roes, T.; Petkova, B. (2019)

Fundamental Rights in Europe after Opinion 2/13: The Hidden Promise of Mutual Trust

Part of book or chapter of book

This chapter takes a closer look at the productive partnership between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) and asks whether the existing legal framework guarantees the endurance of the cooperative dialogue between both courts. First, it summarizes the ground rules of their symbiosis, going over the status of the European Convention on Human Rights in EU law and the ECtHR’s recognition of the EU’s legal personality. Then, it briefly addresses the impact of the CJEU's Opinion 2/13 on the EU’s accession to the Convention before exploring, in section 3, the many forms that the judicial dialogue between the CJEU and the ECtHR has taken over the years and discussing the influence of the jurisprudence of one over the other. A final part asks whether it is possible to move beyond labels of comity and identify a legal duty for both courts to cooperate.