Perspectivele relaţiei dintre dreptul comunitar şi Convenţia europeană a drepturilor omului ca urmare a hotărârii CEDO în cauza Bosphorus
The Relationship between Community Law and the ECHR after Bosphorus

Summary/Abstract: The co-existence of the Council of Europe mechanism of protecting human rights and of the European Union legal order proved a challenge every time protecting fundamental values became an issue. The European Court of Human Rights repeatedly decided on cases that involved running a fundamental rights review of the acts related to the membership of the European Union. The Strasbourg court was called on to decide to what extent it would exercise such review and whether it would assume a preemptory position over community law in upholding the human rights guaranteed by the European Convention on Human Rights. The approach taken by the Court has evolved over the years from relinquishing its jurisdiction to establishing a framework of substantial review of the acts of EU member states issued in application of community legislation from the perspective of their obligations assumed under the Convention. The article explores the remaking of the European Court of Human Rights’ jurisprudence in drawing up the relationship between community law and the European Convention on Human Rights. The study focuses on the recently established “Bosphorus docrine”, which sets the standards of review by the ECHR and looks upon some possible future developments of the human rights protection mechanisms in Europe.

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