This dogmatic part of the research examines the ‘doctrine of equivalentprotection’ or ‘equivalency doctrine’ in the Strasbourg case-law, drawing a systematic analysis of its functioning and applicability in order to answer the first research question: What does the equivalency doctrine of the
the prospect of review of unsc resolutions by regional courts. 8 The article does not revisit the well-worn issues of the various constitutionalist approaches taken by the respective courts on the Kadi cases, the merits of the Bosphorus doctrine of equivalentprotection, 9 the degree of State
In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.
I Results of Chapter 2 – Equivalency Doctrine The dogmatic part of this research has comprehensively examined the principle of equivalentprotection developed by the ECtHR in its jurisprudence. The primary aim of this principle is to find a compromise between enabling the well-functioning of
solution, developing a principle of equivalentprotection. This principle accords a presumption that the eu protects fundamental rights in an equivalent manner as the echr , coupling it with the possibility of rebuttal in case of manifest deficiency of this protection. 36 The first roots of this
international obligations. The most developed solution is known as the presumption of equivalentprotection (or the Bosphorus presumption). The Bosphorus case concerned the confiscation of an aircraft by Ireland on the basis of an obligation in a European Communities ( ec ) regulation, which itself was
, peacekeeping, territorial administration, and the imposition of sanctions. The final substantive chapter outlines the emerging doctrine of equivalentprotection, and the book ends with a brief concluding chapter.
Perhaps the main value of the book rests on the conceptual level, even though there arguably is
commentary to Article 61 relates to the echr jurisprudence on ‘equivalentprotection’, which presupposes the substantive requirement under the echr that States parties must supervise the organization’s activities and procedures with a view to securing that those activities and procedures do not
. 15 One way to maintain that balance was through the notion of ‘equivalentprotection’, and it was in the Bosphorus case that the Court established a proper legal test for what constitutes ‘equivalentprotection’. The facts of the case are as follows: the applicant was a Turkish airline charter
relationship with the ECtHR. The doctrine of ‘equivalentprotection’ established in the 1990s was an attempt by the European Commission of Human Rights to accommodate the autonomous legal order of the EU. 53 The doctrine determined that Member States could exclude responsibility under the Convention where they