The Interaction between Europe’s Legal Systems

The Interaction between Europe’s Legal Systems

Judicial Dialogue and the Creation of Supranational Laws

Giuseppe Martinico and Oreste Pollicino

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes.

Chapter 4: External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East

Giuseppe Martinico and Oreste Pollicino

Subjects: law - academic, european law


LOOKING AT THE ‘ORIGINS’: CLOSER THAN THEY SEEM 1. The aim of this volume, as pointed out in the introduction, is to provide a comparative study devoted to investigating the evolving nature of the European Union legal order and the European Convention of Human Rights (ECHR), with particular regard to their impact on the domestic legal principal objection by analyzing the two supranational organizations from their foundations cannot escape one. That is, it could be easily objected that up until the mid-1970s, when the ECJ finally decided to take the protection of fundamental rights in the European Community ‘seriously’1 and started to make express reference to the case law of ECtHR,2 the similarities between the two legal orders under investigation were so few as to make an in-depth comparison between them almost pointless. However, on a closer examination, this objection does not seem so well grounded. On the one hand, in fact, it does not take into due account several structural aspects of the two European integration processes which, 1 See J.H.H. Weiler and N. Lockhart, ‘“Taking Rights Seriously”: The European Court and Its Fundamental Rights Jurisprudence’ (1995) CML Rev 51 and 579. 2 See A. Von Bogdandy, ‘The European Union as a Human Rights Organization? Human Rights and the Core of the European Union’(2000) CML Rev 1307; S Douglas-Scott, ‘A Tale of Two Courts: Luxembourg, Strasbourg and the Growing European Human Rights Acquis’ (2006) CML Rev 629; T. Ahmed and I. De Jesus Butler, ‘The European Union...

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