ΔΕΕ και ΕΔΔΑ : ένα ενοποιημένο ευρωπαϊκό δίκαιο θεμελιωδών δικαιωμάτων
Γιαννόπουλος, Νικόλαος Α.
Φουντεδάκη, Πηνελόπη Ν.
Ευρωπαϊκό Δικαστήριο Ανθρώπινων Δικαιωμάτων Δικαστήριο Ευρωπαϊκών Κοινοτήτων Ανθρώπινα δικαιώματα -- Ευρωπαϊκή Ένωση, Χώρες της European Court of Human Rights Court of Justice of the European Communities Human rights -- European Union countries
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The European human rights scene is crowded with various actors playing diverse characters all within the same plot. Human rights systems attached to states and supranational organizations compete for the genuine human rights solution. The legal orders at issue –thus the law of the European Union and the ECHR- are different due to the fact that they seem to have different priorities and they apply different means to reach different ends. However, these two systems of human rights protection do not operate in “clinical isolation” from each other. Instead, they have become part of a larger European “community of law”, a network of legal actors interacting with one another on the basis of both shelf-interest and shared values. Admittedly, the two regimes enjoy a significant degree of commonality as to warrant a pan- European, integrative approach to the protection of human rights within Europe.More than thirty years ago, the paths of the two supranational European courts, namely the ECJ and the ECtHR unexpectedly crossed when they were both impelled to figure out a way to deal with a twofold discontinuity in the European system of human rights protection. While trying to find a way to successfully protect fundamental rights, they reciprocally intrude into each other’s legal order. In order to reduce the possible divergence in the human rights protection in Europe, ECJ relied on the ECHR and the case law of the ECtHR to a certain extent, promoting normative harmonization and a more coherent system of European human rights protection. For the same reasons, the ECtHR has penetrated the EU by means of its own case law. As a result, the future status of fundamental rights protection in Europe rests on their ability to avoid diverging interpretations detrimental to the establishment of uniform minimum standards for fundamental rights protection across Europe.The integration of all European countries could ultimately be grounded in a common European human rights area. The Lisbon Reform Treaty is an important step in this direction, because the entry into force of the Charter of Fundamental Rights of EU and the possibility of the accession of the EU to the ECHR buttress the “informal” normative bridge built between the two supranational courts through their inter-judicial dialogue. The developments provided by the entry into force of the Lisbon Reform Treaty may result in a significant permeation of the ECHR into the EU legal order (and vice versa), with the resultant blurring of the boundaries between these two systems of human rights protection. Therefore, the gradual merging of the jurisprudence of the judicial organs of those two supranational legal systems would be a desired outcome.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Δημόσιο Δίκαιο, 2012