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Conclusion

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Chapter Summary

In essence, the term European human rights culture is explained by both a political desire and a judicial self-esteem. Chapter two gives an analysis of the margin of appreciation at the CJEU and the ECtHR. Chapter three overviews the judges' and AGs' view on how individual differences interact in the decision-making. Chapter four provides a stimulating analysis of European human rights and took a judicial view of the matter at hand. Finally, this chapter discusses the problematic complexity created by the overlapping between the human rights norms pre-Lisbon. This type of EU judicial minimalism can be assessed as the result of the special dynamics established by the preliminary reference procedure. Going further, this book has also underlined that the intricacy of the process of accession of the EU to the ECHR and the complexity of the system established by the Draft Accession Agreement.

Keywords: CJEU; Draft Accession Agreement; ECHR; ECtHR; European human rights

10.1163/9789004258440_009
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