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The relationship between the ECJ and the ECtHR is potentially an issue in European Union law and human rights law. The ECJ rules on EU law while the ECtHR rules on the ECHR, which covers the 46 member states of the Council of Europe. Cases cannot be brought in the ECtHR against EU institutions (as the EU is not a member in its own right), but ...
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, [1] is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its ...
This list contains cases of the European Commission of Human Rights, European Court of Human Rights (ECtHR), Inter-American Court of Human Rights, Inter-American Commission on Human Rights, Court of Justice of the European Union (CJEU), European Committee of Social Rights (ECSR) and United Nations Human Rights Committee (UN HRC) related to LGBTQ people.
Over the years, the European Court of Human Rights (ECtHR) has handled cases that challenged the lack of legal recognition of same-sex couples in certain member states. The Court has held that the European Convention on Human Rights (ECHR) requires member states to provide legal recognition, but does not require marriage to be opened to same-sex couples.
Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application no. 45036/98 (30 June 2005), was a decision taken by the Grand Chamber of the European Court of Human Rights (ECHR) which held that the Court's role is confined to ascertaining whether the effects of Member States' national adjudications are compatible with the European Convention on Human Rights.
Recent trends set by the ECJ's case law concerning Article 6 of the European Convention of Human Rights, as seen in Case C-389/10 P KME, [17] Case C-386/10 P Chalkor [18] and the ECtHR Case Menarini, [19] have been also been followed by the EFTA Court in Case E-15/10 Posten Norge AS v EFTA Surveillance Authority (better known as Norway Post). [20]
The Court of Justice held that the EU could not accede to the ECHR under the Draft Agreement. It held the Agreement was incompatible with TEU article 6(2). Its reasons suggested the Draft Agreement (a) undermined the Court of Justice's autonomy; (b) allowed for a second dispute resolution mechanism among member states, against the treaties; (c) the "co-respondent" system, which allowed the EU ...
Verein KlimaSeniorinnen Schweiz v Switzerland (2024) was a landmark [1] European Court of Human Rights case in which the court ruled that Switzerland violated the European Convention on Human Rights by failing to adequately address climate change.