{"id":3065,"date":"2024-06-19T09:30:29","date_gmt":"2024-06-19T07:30:29","guid":{"rendered":"https:\/\/johan-callewaert.eu\/?p=3065"},"modified":"2024-06-19T09:30:30","modified_gmt":"2024-06-19T07:30:30","slug":"echr-leading-judgments-on-eu-law","status":"publish","type":"post","link":"https:\/\/johan-callewaert.eu\/fr\/echr-leading-judgments-on-eu-law\/","title":{"rendered":"ECHR leading judgments on EU law"},"content":{"rendered":"\n

In the context of the launch of a new \u201cECHR\/EU\u201d page<\/a> on its Knowledge-Sharing platform, the European Court of Human Rights recently published an overview (see below) of its leading judgments on EU law, i.e. those judgments and decisions which set out the key principles on the status of EU law under the Convention and their effects in a number of significant areas.<\/p>\n\n\n\n

This is the first overview of its kind. The topics addressed by it, which are not exhaustive and will be gradually expanded, currently include:<\/p>\n\n\n\n

\u25fe The responsibility of EU Member States under the Convention when applying EU law
\u25fe The absence of responsibility of the EU under the Convention
\u25fe The Bosphorus presumption (of \u201cequivalent protection\u201d)
\u25fe Mutual recognition in general
\u25fe The European arrest warrant
\u25fe The Dublin Regulation
\u25fe Child abduction (Brussels II bis Regulation)
\u25fe The obligation to give reasons for the refusal to make a reference for a preliminary ruling
\u25fe The manifest error of law<\/p>\n\n\n\n

The key principle common to these leading judgments is the Convention liability of EU Member States for their apploication of EU law. It means that in applying EU law, domestic judges and prosecutors are required to ensure a level of protection of fundamental rights compatible with that of the Convention (see, for a recent illustration, M.B. v. the Netherlands<\/a><\/em>). Thus, for them, EU law is not the end of the story. The said overview contains numerous examples of how this translates into everyday practice.<\/p>\n\n\n\n


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