The Relations Between the European Union and the Council of Europe in the Field of Human Rights: Analytic Paradigms
The Relations Between the European Union and the Council of Europe in the Field of Human Rights: Analytic Paradigms

Summary/Abstract: The duality of human rights standards circumscribed at the regional-European level imposes the requirement of a rigorous conceptualization. Acknowledging the peculiarities of each of the two European systems of human rights protection, the logical argument advanced in the present paper resides in the demarche of conciliation through compatibility. We placed in homologated relations the two most representatives' juridical instruments for our subject-matter – the European Convention for The Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. Taking into account the main dispositions of the two juridical instruments and considering the position upheld by the Court of Justice of the European Union by reference to the possibility of the European Union to adhere to the European Convention, we developed two theoretical approaches having explanatory value: (1) the paradigm of interaction by means of highlighting the peculiarities of each juridical system; (2) the paradigm of rendering compatible the two systems in the hypothesis of the European Union’s adhesion to the system of human rights protection created by the Council of Europe.

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