Court of Justice of the European Union or European Court of Human Rights - Is There a 'Supreme Court of Europe'?

被引:0
作者
Daiber, Birgit [1 ,2 ]
机构
[1] Seoul Natl Univ, Sch Law, Seoul, South Korea
[2] Univ Vienna, Vienna, Austria
来源
ICL JOURNAL-VIENNA JOURNAL ON INTERNATIONAL CONSTITUTIONAL LAW | 2024年 / 18卷 / 01期
关键词
Court of Justice of the European Union; European Court of Human Rights; judicial review;
D O I
10.1515/icl-2023-0037
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In Europe, judicial review is not only exercised by courts within the states. Additionally, there are two European Courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). This chapter shows first their respective function with respect to judicial review. In a second step, it put its emphasis on the relationship between them and undertakes to ask whether - with respect to judicial review - one of them can be understood as the 'Supreme Court of Europe'. It concludes that it is the European Court of Human Rights which can be described as such a 'Supreme Court'.
引用
收藏
页码:109 / 126
页数:18
相关论文
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