Seminar by the European Court of Human Rights on its relationship with EU Law
European Court of Human Rights (ECtHR) Judge Mattias Guyomare, Vice President of the Court of Justice of the EU Lars Bay Larsen and former Justice of the Italian Constitutional Court Prof. Marta Cartabia, discussed how to protect fundamental rights in a multi-level European system. In this discussion, moderated by the President-elect of the ECtHR, Mr Pauliine Koskelo, the judges elaborated on the ECtHR’s and the Court of Justice of the EU’s perspective of the relationship between the two legal systems. Judge Guyomare elaborated on the different foundations but shared values and ideals of the two courts as well as the various points of convergence and complementarity of the two systems. He demonstrated the influence of EU law in the adjudication of ECtHR applications, which, in his opinion, shows the ECtHR’s trust in the ECJ. Finally, he believes that while the two legal systems further converge, they will be complementary rather than exclusionary. Judge Bay Larsen also welcomed closer cooperation between the two courts, assuring that the relationship between the CJEU and ECtHR is not a battle but a matter of effort. Prof. Cartabia provided the perspective of a National Constitutional Court on the dynamic of the two European Courts in protecting fundamental rights. She described how the European Convention of Human Rights and the EU law system positively influence how the national Constitutional Courts adjudicate their cases. Prof. Cartabia welcomed an ever-closer collaboration between the national and European courts to protect fundamental rights in Europe.
During a second panel discussion, the challenges of the relationship between the European Convention on Human Rights and the EU legal system were addressed. Mr Felix Ronkes Agerbeek, EU Commission chief negotiator for the EU accession to the European Convention of Human Rights, reflected on how the Convention adds strengths to EU law.
On this occasion, the ECtHR launched a new “ECHR/EU” page on its platform, which provides fact sheets that include Convention case-law analysis (ECHR-KS). This is a joint project of the Court with the Fundamental Rights Agency of the EU to bring together case law from the ECHR and the Court of Justice of the EU.
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