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Bosphorus – European Court of Human Rights

Limited responsibility of European Union member states for actions within the scope of Community law. Judgment of 30 June 2005, Bosphorus Airways v. Ireland, Application No. 45036/98

Published online by Cambridge University Press:  14 December 2006

Steve Peers
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Extract

The position of human rights within the European Union legal order has been an issue since the early years of the original European Economic Community. For many years, the development of human rights as general principles of Community law was characterized by dialogue and debate between the Communities' Court of Justice on the one hand, and certain national constitutional courts on the other, as regards the protection of human rights recognized in national constitutions by the Community legal order. But in recent years, there has been a parallel dialogue between the Court of Justice and the European Court of Human Rights, as regards the Community legal order's protection of the rights guaranteed by the European Convention of Human Rights (ECHR).

Keywords

BosphorusEuropean Court of JusticeEuropean UnionMember StatesResponsibilityEuropean Convention on Human RightsInternational OrganizationsLegal BasisCompromise PositionTransfer of SovereigntyReviewCommunity ActionScopeCommunity LawMember States' ActionCilfitCantoniKandovaMatthews
Type
Case Notes
Information
European Constitutional Law Review , Volume 2 , Issue 3 , October 2006 , pp. 443 - 455
Copyright
Asser Press 2006

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