Eliminating Conflicting Interpretations of the European Convention on Human Rights by the European Court of Justice and the European Court of Human Rights: The PDIQ System as a Preventative Solution

Authors

Adam D.J. Balfour

First Page

183

Abstract

This article is divided into two parts. The discussion in part one focuses on the current application of the Convention by the ECJ, including the Convention's legal status in the EU legal order when it is applied by the ECJ. Following this, the discussion turns to address the problems associated with the current informal relationship of the two Courts and the current application of the ECHR by the ECJ; namely diverging interpretations of the Convention. In building upon the first part of this paper, the second section provides a critical analysis of the potential solutions to addressing the inadequate protection of human rights in the EU. This part of the paper examines why the option of EU accession is not capable of making the changes that are needed, comparing this with a referral mechanism, namely the pre-decision interpretative question system, and explaining why this is a more suitable and effective solution for ensuring the harmonious application of the ECHR by the two Courts. Within this last section, the paper will provide a series of criteria that represent the needs of the EU protection of human rights, which will determine how the various options can resolve and address the existing problem.

Recommended Citation

Adam D. Balfour, Eliminating Conflicting Interpretations of the European Convention on Human Rights by the European Court of Justice and the European Court of Human Rights: The PDIQ System as a Preventative Solution, 2 Intercultural Hum. Rts. L. Rev. 183 (2007).
Available at: https://scholarship.stu.edu/ihrlr/vol2/iss1/12