Economics 3366A/B Study Guide - Quiz Guide: Sabena, European Court Of Human Rights
22 Sep 2020
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Member states are all party to the echr, but eu institutions aren"t bound by it. Presumption of compliance (presume that eu legislation is compatible with fundamental rights) was created in bosphorus hava yollari turism v ireland (2006). Grogan (1991: ban on su handing out leaflets on abortion, free movement argument service in another member state, no connection between service and students. Has greater consequence since the charter of fundamental rights. Lisbon treaty the union shall accede to the echr. Union institutions should act subject to the echr. There is scope for review of primary and secondary law. Specific characteristics of eu and eu law are preserved. Judgement by ecthr is declaratory the cjeu must then rule in order to make eu legislation invalid. Only the powers of the cjeu are truly affected. Exhaustion of other remedies is still necessary. Institutions, and member states when acting in the scope of eu law, must comply with human rights (art.
