In the realm of international law, there are various courts and tribunals responsible for upholding justice and ensuring the protection of human rights. Two of the most prominent institutions in this regard are the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR). While they both play crucial roles in the European legal framework, it is important for lawyers and legal professionals to understand their distinct functions and jurisdictions. This article aims to provide a comprehensive comparison of the ECJ and the ECtHR, shedding light on their differences, scope, and authorities.
European Court of Justice (ECJ)
- The European Court of Justice, established in 1952, is the judicial authority of the European Union (EU). It is primarily responsible for ensuring the uniform interpretation and application of EU law among member states. The ECJ consists of one judge from each member state, safeguarding the independence and impartiality of its rulings. Its key functions include:
- Interpreting EU legislation: The ECJ interprets and clarifies the scope and meaning of EU treaties, directives, and regulations, ensuring consistent application across member states.
- Resolving disputes between member states: The ECJ acts as a legal arbiter, settling conflicts arising between EU member states over the interpretation or application of EU law.
- Judicial review: It has the power to assess the legality of EU acts, ensuring compliance with the principles and objectives outlined in the EU treaties.
Applicants in the European Court
The Court of Justice is open to various parties who may wish to obtain redress for an alleged violation of their rights or of European Union law. These are:
- Natural persons, businesses, and nongovernmental entities
- Countries that are members of the European Union
- The executive branch of the EU, known as the European Commission
Each of these groups has the authority to initiate legal proceedings before the court. They can file complaints regarding:
- Alleged violations of their rights by the EU governing bodies.
- Alleged violations of EU regulations by countries in the European Union
The kinds of cases that can be brought before the court vary depending on the category of the applicant. There are different legal routes open to each of them in their attempt to get redress or annul actions they feel are unlawful under EU framework. It provides the opportunity for different stakeholders in the EU ecosystem to have judicial review for accountability and compliance with EU law at various levels of governance.
European Court of Human Rights (ECtHR)
- The European Court of Human Rights, established in 1959, is a separate entity from the EU and forms part of the Council of Europe. Its primary responsibility is to protect and enforce human rights as outlined in the European Convention on Human Rights (ECHR). Key features of ECtHR include:
- Individual complaints mechanism: The ECtHR provides an avenue for individuals and groups to submit complaints against member states for human rights violations. It ensures that member states adhere to the human rights standards set by the ECHR.
- Advisory opinions: The ECtHR has the power to provide advisory opinions on legal questions referred to it by relevant bodies, such as the Committee of Ministers or national courts.
- Supervisory role: It monitors the implementation of judgments and ensures that member states comply with the rulings handed down by the Court.
ECtHR Application Requirements and Process
In respect of the admissibility criteria, an application to the European Court of Human Rights (ECtHR) has to meet certain requirements.
- Application must be on the offi cial ECtHR application form.
- Among others is that the complaint ought to be against a state which had ratified the Convention at the time of an alleged violation.
- The applicant must be a direct victim of the alleged breach of the Convention.
- It must be provided with sufficient evidence of the violation.
Moreover, an applicant shall have exhausted all available legal possibilities within the country and be required to file the application within six months from the final decision of an instance with the domestic court before being taken up by the ECtHR. The preliminary examination of an application takes about one year. During the admissibility review of a case the ECtHR examines the merits of a case via public hearings wherein both oral and written Evidence is examined. The Court also accepts evidence in the form of written input from third parties to the dispute.
Key Differences Between the ECJ and the ECtHR
- Jurisdiction: The ECJ deals primarily with the interpretation and application of EU law, while the ECtHR focuses on ensuring the protection of human rights as outlined in the ECHR.
- Membership: The ECJ consists of one judge per member state, appointed by their respective governments, whereas the ECtHR has one judge per member state of the Council of Europe.
- Applicability of decisions: The ECJ decisions are binding on member states, requiring them to implement the judgments, while the ECtHR decisions function as non-binding, but influential, recommendations to member states.
- Subject matter: The ECJ primarily deals with issues related to EU law and the functioning of the EU, while the ECtHR addresses human rights violations committed by member states.
Conclusion
Although closely related, the European Court of Justice and the European Court of Human Rights serve distinct roles within the European legal framework. While the former focuses on ensuring the uniform interpretation and application of EU law, the latter safeguards human rights and enforces compliance with the European Convention on Human Rights. Understanding the jurisdiction and functions of these institutions is crucial for lawyers and legal professionals involved in cases that pertain to EU law or human rights. By navigating these differing roles, legal practitioners can adeptly guide their clients and seek appropriate legal remedies.
