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Multilevel Regulations Reviewed by Multilevel Jurisdictions: the ECJ, the National Courts and the ECtHR

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Chapter Summary

The relationship between national legal order and international law has in the past been determined by a hierarchy of norms whose ranking and status were determined by monist or dualist oriented legal systems. This relationship will first be addressed on the bilateral level, namely between national and/or European law and international law. However, due to multilevel systems, involving the European Union, national Member States and international organisations such as the UN and the World Trade Organisation (WTO), which are engaged in multilevel regulation, the question of hierarchy between courts - and not only norms - needs consideration. To determine multilevel jurisdiction and whether this leads to collisions or gaps in the legal protection, a closer look is taken at the national courts and the European Court of Justice (ECJ) and the ECJ and the European Court of Human Rights (ECtHR).

Keywords:European Court of Human Rights (ECtHR); European Court of Justice (ECJ); multilevel regulations; national courts



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