Save

Spelling It Out−Convergence and Divergence in the Judicial Dialogue between cjeu and ECtHR

In: Nordic Journal of International Law
Authors:
Amalie Frese Internationalisation Postdoctoral Fellow, Faculty of Law, University of Vienna, Vienna, Austria; Affiliated Researcher, Centre of Excellence of International Courts (iCourts), Faculty of Law, University of Copenhagen, Denmark

Search for other papers by Amalie Frese in
Current site
Google Scholar
PubMed
Close
and
Henrik Palmer Olsen University of Copenhagen, Denmark

Search for other papers by Henrik Palmer Olsen in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$40.00

In this article we investigate the relationship between the Court of Justice of the European Union and the European Court of Human Rights as it manifests in explicit cross-references between the two Courts’ jurisprudence. The analysis detects cross-references, how they are used and indications of converge or divergence in the jurisprudence through their explicit citations and references. Our dataset consists of the entire corpus of judgments from both Courts from 2009 (when the EU Charter on Fundamental Rights came into force and until the end of 2016. On the basis of a content search for references to the other Court in both corpora we detect all their cross-references. We find that 1) the Courts’ use each other’s case law surprisingly little, but when they do, it is 2) primarily within the legal domains of criminal justice and immigration policies, and 3) displaying convergence towards the jurisprudence of the other Court.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 991 179 12
Full Text Views 236 37 6
PDF Views & Downloads 372 82 13