EU law and the ECHR: the Bosphorus presumption is still alive and kicking – the case of Avotiņš v. Latvia

On the 23 May 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the case of Avotiņš v. Latvia. This seems to be the ECtHR’s first detailed appraisal of the so-called Bosphorus presumption (the rule on the relationship between EU law and the ECHR) after the Court of Justice of the European Union (CJEU) in Opinion 2/13 rejected a draft agreement providing for the accession of the EU to the European Convention of Human Rights (ECHR). It also provides a first glimpse of how the ECtHR views the EU law principle of mutual trust, which has become particularly dear to the CJEU over the last couple of years.

• Primary Source

ESO: Background information: Institutions start discussing way forward after ECHR setback http://www.europeansources.info/record/institutions-start-discussing-way-forward-after-echr-setback/

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