CJEU and ECtHR: Two Sides of the Same Coin or Different Currencies ?

Abstract

The protection of fundamental human rights across Europe reminds the issue of the European Union (EU) accession to the European Convention on Human Rights (ECHR). The analysis of the interaction between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) is essential for a better understanding of the multi-layered human rights architecture in Europe.With reference to multi-level components, this study focus on the following issues in order to find out whether the CJEU and ECtHR consist two sides of the same coin - meaning that they adjudicate human rights in the same way - or if they constitute different currencies – meaning that they have different impacts in human rights protection. An overall appraisal of the cohabitation of these two judicial powerhouses will be made by reference to the state of human rights protection within the regional mechanisms and their impact at national level.