Difference Between the European Court of Justice and the Court of Human Rights

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.

ECHR 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 official 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 European Court of Justice (ECJ) and the European Court of Human Rights (ECHR)

The European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) are two important judicial bodies in Europe, each serving different functions and dealing with distinct areas of law. While both institutions aim to promote justice and human rights in Europe, their roles, structures, jurisdictions, and procedures differ significantly.

Jurisdiction and Scope of Application

• ECJ (European Court of Justice):
  • The ECJ is the highest judicial authority in the European Union (EU).
  • Its primary role is to ensure that EU law is interpreted and applied consistently across all EU member states.
  • The ECJ hears cases concerning the interpretation of EU treaties, EU regulations, directives, and decisions made by EU institutions.
  • It has jurisdiction over EU member states and EU institutions, and its rulings can affect both member states and individuals within the EU.
• ECHR (European Court of Human Rights):
  • The ECHR is part of the Council of Europe, an international organization independent of the EU.
  • It primarily focuses on human rights and enforces compliance with the European Convention on Human Rights (ECHR).
  • The Court hears cases from individuals or states against any of the 47 member states of the Council of Europe, which includes all EU member states and many non-EU countries.
  • Its jurisdiction covers human rights violations that occur within the jurisdiction of the states that are signatories to the Convention.

Legal Framework and Focus

• ECJ:
  • The ECJ deals with EU law, ensuring uniform interpretation and application across the EU.
  • It resolves issues related to free movement of goods, services, people, and capital, competition law, and the internal market.
  • The ECJ also ensures the compliance of EU institutions with EU treaties and agreements.
• ECHR:
  • The ECHR focuses on human rights law based on the European Convention on Human Rights, which guarantees a wide range of civil and political rights, such as the right to life, freedom of speech, and protection from torture.
  • It enforces these rights in countries that are parties to the Convention, providing a mechanism for individuals to seek redress when their human rights have been violated by the state.

Type of Cases

• ECJ:
  • The ECJ rules on cases brought by EU institutions, member states, and individuals related to the interpretation and application of EU law.
  • It often hears preliminary rulings referred by national courts to clarify the interpretation of EU law.
  • It also adjudicates disputes between EU member states and between EU institutions and member states.
• ECHR:
  • The ECHR primarily deals with complaints brought by individuals or states alleging violations of the rights guaranteed by the European Convention on Human Rights.
  • It considers cases related to violations such as unlawful detention, freedom of expression, discrimination, and privacy violations.

Enforcement of Decisions

• ECJ:
  • The ECJ’s rulings are binding on EU member states and EU institutions.
  • If a member state fails to comply with an ECJ ruling, the EU can impose sanctions or take further legal action.
  • The ECJ’s decisions directly affect the implementation of EU laws within member states, and they can override national laws in areas covered by EU law.
• ECHR:
  • The ECHR’s judgments are legally binding on the state involved in the case, requiring the state to comply with the ruling.
  • However, the ECHR cannot impose direct sanctions on the state or individual involved. Instead, it is up to the state to implement the decision, often through domestic legal reforms.
  • While the ECHR does not have the power to enforce its decisions directly, it plays a crucial role in influencing national laws and practices in member states to ensure human rights protection.

Legal Procedure

• ECJ:
  • The procedure before the ECJ typically involves written submissions from the parties involved (EU member states, EU institutions, or individuals) and a hearing if necessary.
  • It is common for national courts to refer questions to the ECJ via a process called the preliminary ruling procedure when they encounter issues concerning EU law.
• ECHR:
  • The procedure before the ECHR typically starts with an individual or state submitting a complaint alleging a violation of the European Convention on Human Rights.
  • The Court evaluates the admissibility of the case, followed by written submissions and, in some cases, a hearing.
  • The ECHR has a more complex procedure, often involving lengthy periods of communication between the court and the parties.

Composition of the Courts

• ECJ:
  • The ECJ consists of one judge per member state (currently 27 judges), plus the Advocate General, who provides independent opinions on cases.
  • The Court is located in Luxembourg and is part of the EU judicial system.
• ECHR:
  • The ECHR is composed of one judge per state party to the European Convention on Human Rights (47 judges in total).
  • Judges are elected for a non-renewable term of 9 years by the Parliamentary Assembly of the Council of Europe.
  • The Court is located in Strasbourg, France.

The European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) serve different but complementary roles in Europe’s legal framework. The ECJ ensures the consistency of EU law across member states, whereas the ECHR enforces human rights protections across all states that are parties to the European Convention on Human Rights. While the two courts share some similarities in their importance for justice and legal interpretation, their jurisdictions, legal frameworks, and case types are distinctly separate. Understanding the differences between these courts is essential for navigating European legal systems and effectively using these institutions for legal redress.

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.

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Current ECHR Practice and Analysis

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