Bachelor of Arts
The Council of Europe, The European Union, European Court of Human Rights, European Convention on Human Rights, European Court of Justice, Charter of Fundamental Freedoms, Regional jurisdiction, Constructivism
In December 2009, the Lisbon Treaty expanded the European Court of Justice's jurisdiction into regional human rights protection. In the 27 EU member states this jurisdiction would overlap with the European Court of Human Rights. This paper describes how this situation developed through a historical analyses of each institutions' constitutional and functional developments, and attempts to extrapolate future action based on how actors' use and define symbols. It concludes that the European human rights regime is likely to see the ECJ establish itself in a monist hierarchy underneath the ECtHR in the area of human rights, while maintaining a supremacy over national courts in its areas of sole competence.
Yon, William Thompson, "Overlapping Human Rights Jurisdictions in Europe: An Application of Constructivism to Regional Studies" (2010). Honors Papers. 397.