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Human Rights – Who Owns Human Rights in Europe?

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Chapter Summary

This chapter provides an overview of the interplay of case law between the European Court of Human Rights and CJEU. More spectacular is that a review of the CJEU's case-law on human rights shows that Luxembourg has employed a bold stance with regard to human rights, and that this has pushed the ECtHR to develop their standards further. The ECtHR held that a change of UK legislation on documentation and marriage would be un-proportional. The ECtHR is a classic champion for the protection for civil and political rights. The discussions with the judges on human rights issues reflect the same structures as in general cases where differences are merged together in the deliberations and the main aim is to reach consensual outcomes. For the future pan European human rights architecture a more systematic and explicit way of citation in the two Courts' mutual exchanges are needed.

Keywords: CJEU; ECtHR; European human rights architecture; Luxembourg



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