Judicial Dialogue and the Creation of Supranational Laws
Chapter 4: External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East
4. External convergence: towards a rapprochement of the EU and ECHR regimes after the enlargement of Europe to the East 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...
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