Московский журнал международного права (Oct 2023)
Interaction between the Judicial Institutions (on the example of the Court of Justice of the European Union and the European Court of Human Rights)
Abstract
INTRODUCTION. The interaction of international judicial institutions in the context of cross-judicial references is one of the most important mechanisms for the development of law. The appearance of a large number of competing international judicial institutions and the rapid development of public relations have led to the formation of a stable practice of such interaction. On the European continent, cross-citation interaction can be most clearly seen in the relationship between the Court of Justice of the European Union and the European Court of Human Rights. In the context of the phenomena of cross-judicial references, the author points out their high importance for the development of the institution of protection of human rights and freedoms in Europe.MATERIALS AND METHODS. This study uses the works of both Russian and foreign specialists in the field of European law, as well as analyses of the European Union and Council of Europe legal acts. General scientific methods of knowledge analysis, synthesis, induction and deduction were used during the study. Special legal methods formal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method were also used in the work.RESEARCH RESULTS. The analysis of the current practice of cross-citation between the two judicial bodies clearly demonstrates the high relevance of cross-citation in terms of the development and integration of the human rights law in the European region. The author concludes that cross-citation between the two courts ultimately significantly improves the level and effectiveness of the protection of fundamental human rights and freedoms in Europe, contributing to an active convergence of judicial positions and a harmonisation of approaches taken by the courts in resolving similar cases.DISCUSSION AND CONCLUSIONS. As part of the research, the author analyzes the process and mechanisms of interaction between the European Union Court of Justice and the European Court of Human Rights. Examined the case law of the two judicial bodies in order to determine the direction of their interaction. Explored the characteristic and specific features of cross-citation carried out by the EU Court of Justice and the European Court of Human Rights. Based on the results of the study, the author comes to the conclusion that cross-citation carried out by the EU Court of Justice and the ECtHR contributes to the harmonization of European norms in the field of human rights protection and preserves the unity of the European legal system.
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