Keywords
International Courts
Sanctions (International Law)
Human rights
European Court of Human Rights
European Court of Justice
Article 8 of the European Convention on Human Rights
How to Cite
Abstract
This paper aims to analyze the scope of overlapping jurisdiction and divergent interpretations between the European Court of Justice (ECJ or Luxembourg Court) and the European Court of Human Rights (ECtHR or Strasbourg Court) on the right to respect for private and family life as enshrined in Article 8 of the European Convention on Human Rights. First, this research focuses on the origins of the ECJ’s fundamental rights caselaw and the further developments introduced by the Maastricht
and Amsterdam treaties. Then, this paper studies the conflicts
between the Luxembourg and Strasbourg Courts case law
regarding the interpretation of the right to private and family
life as applicable to business premises and legal persons. Finally,
this research analyzes whether the potentially binding effect of
the Charter of Fundamental Rights and the future European
Union’s accession to the ECHR, would contribute to achieve
the necessary coherence between the European Convention and
Community law. It is concluded that accession to the ECHR is
necessary for achieving that goal, since it would contribute to
avoid different interpretations of the European Convention’s
rights by the ECJ and to enlarge its jurisdiction in every case
where those rights are affected by Community measures.
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