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Publishers Abstract:
There were two distinct European courts -- the European Court of Justice in Luxembourg, and the Court of Human Rights (ECHR) in Strasbourg -- only one of which had a human rights jurisdiction -- the Court in Strasbourg, which had been set up by the Council of Europe as an enforcement institution of the European Convention on Human Rights. This article seeks to explore the human rights jurisdiction of the Court of Human Rights and European Court of Justice, and most particularly to study how they interact with each other. The European human rights landscape provides a strong example of legal pluralism, illustrating a variety of interesting interactions and relationships. Both the EU and ECHR have, as legal systems, a certain amount of autonomy or self reference. Yet they also interlock and overlap with each other (and with municipal law). Their relationship is symbiotic, incremental and even messy and unpredictable.
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