Human Rights Protection by the ECtHR and the ECJ: A Comparative Analysis in Light of the Equivalency Doctrine

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Human Rights Protection by the ECtHR and the ECJ: A Comparative Analysis in Light of the Equivalency Doctrine

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In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.

Acknowledgements

List of Figures

Abbreviations

Case-law Index

Introduction

I Contextualisation of the Research Thesis

A Double System of Human Rights Protection in Europe

B Challenges of the Two International Legal Systems in Europe

C Solutions to the Challenges of the Double System

II Aims of the Research Thesis

A Contribution to Legal Research

B Structure and Methodology of the Research

III Remarks on Terminology and Formal Elements

Equivalency Doctrine

Difference between European Union (eu) and European Community (ec)

The Luxembourg Courts

The Strasbourg Authorities

Parallel Specificities of echr and eu Law

Other Formalities

Doctrine of Equivalent Protection

I Origin and Evolution of the Principle of Equivalent Protection

A German Jurisprudence on eu Law

B Strasbourg Jurisprudence on eu Law up to Bosphorus

C ‘Equivalent protection’ in Strasbourg and in Karlsruhe

II Tensions between Human Rights Protection and International Cooperation

A Multilateral Cooperation in the Framework of International Organisations

B Protection from International Acts and Decisions under the echr

III Competence ratione personae of the ECtHR

A State Jurisdiction

B Attribution of the Impugned Act

C Risk of Inconsistencies in the Protection of Human Rights in Europe

IV Equivalency Doctrine

A Exceptions to the Incompetence ratione personae

B Competence ratione personae by Attribution to the State

V Conclusion on the Strasbourg Equivalency Doctrine

No State Intervention and Light Principle of Equivalency

Attribution of the Impugned Act to the International Organisation

Attribution of the Impugned Act to the State – Strict Principle of Equivalency and Principle of Protection sui generis

Fundamental Rights Protection in the eu

I Preliminary Remarks

A Frameworks and Standards of the Equivalency Analysis

B Foreword on the Charter of Fundamental Rights

II Rights Related to Names

A Introduction on Naming Law

B ECtHR’s Case-law on Naming Law

C ecj’s Case-law on Naming Law

D Evaluation of the Equivalency

III Principle ne bis in idem

A Introduction on ne bis in idem

B ECtHR’s Case-law on ne bis in idem

C ecj’s Case-law on ne bis in idem

D Evaluation of Equivalency

IV Equality of Arms in eu Competition Law

A Introduction on Equality of Arms and on eu Competition Law

B ECtHR’s Case-law on Equality of Arms

C ecj’s Case-law on Equality of Arms in Competition Law

D Evaluation of the Equivalency

V Conclusion on the Equivalency of the ecj’s Fundamental Rights Protection

A The Sectorial Results of the Comparative Analysis

B General Assessment of the Presumed Equivalent Protection

C Nearly Equivalent Protection of the ecj

D Maintenance of the Equivalency Presumption

Conclusion

I Results of Part 2 – Equivalency Doctrine

A Prevention of Circumvention of Conventional Obligations

B Prevention of a State’s Unconditional Responsibility for International Acts

II Results of Part 3 – Human Rights Protection in the eu

III Going Forward – the eu-echr Relationship

Annexes

Annex 1: ECtHR’s Case-law on the Strict Principle of Equivalency

Annex 2: ECtHR’s Equivalency Doctrine

Literature

Index

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