EU Fundamental Rights as a Special Source for the European Court of Human Rights

This book offers a new perspective on the relationship between European Union law and the European Convention on Human Rights. While scholarly attention usually focuses on the Convention’s influence on EU law, the originality of this work lies in examining the other way round: the influence of EU fundamental rights on the ECHR.

With the adoption of the EU Charter of Fundamental Rights and the flourishing of EU legislation in this area, the EU has become a genuine standard-setter in the fi eld of fundamental rights. As this role evolves, it not only affects the EU’s own legal order but may also affect other human rights instruments, including the ECHR, with which EU law maintains a special relationship. This book investigates the role that EU fundamental rights have come to play in the case law of the European Court of Human Rights.

After discussing the growing importance of fundamental rights within the EU (Part I), the book examines their influence on the ECHR in the areas of equality and non-discrimination, as well as data protection. The study highlights the significant qualitative and quantitative impact of EU law on the ECHR in these fi elds. This influence may even be considered special, extending deeper and more broadly than that of other instruments on the ECHR (Part II). While this dynamic brings benefits in terms of legitimacy and coherence and is likely to grow in the future, the book argues that a special method should accompany this particular use of EU law (Part III).

The book is addressed to a broad audience and aims to build bridges between research in EU law and in human rights law – fi elds that remain, at times, fragmented. It also provides useful guidance for a variety of institutions and practitioners involved in the European system of fundamental and human rights protection. This includes the EU legislator, judges – whether at the ECtHR, the CJEU, or national courts applying both EU law and the ECHR – as well as other stakeholders such as NGOs, whose role and impact in the ECtHR’s use of EU law the study analyses.