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Background of the Paradox (Looking Inside the Paradox Box) – History, Procedure, Symbols and the Family

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Chapter Summary

This chapter provides the historical, procedural backgrounds of the Courts, their particularities and their inner logics in order to analyse the paradox of human rights protection in Europe. It focuses on the aspects of procedure relevant for the later analysis. The chapter looks at the structure and procedure of the CJEU to unveil the administrative frame forming the daily interaction of the members of the Court. It aims at understanding CJEU judges and the European Human Rights Culture, and focuses on looking inside the CJEU's black box. Throughout this book comparisons are made to the ECtHR, because of the close ties of both institutions and the shared features as European regional courts. The ECtHR judges deal with a range of possible human rights violations. The ECtHR is built on a common law system, where separate opinions flow and deliberations are internally open to clerks and translators.

Keywords: CJEU; Courts; ECtHR; European Human Rights Culture; human rights protection



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