TY  - GEN
U1  - Sonstiges
A1  - Callewaert, Johan
T1  - Convention Control over the Application of Union Law by National Judges: the Case for a Wholistic Approach to Fundamental Rights
T2  - European Papers: a Journal on Law and Integration
N2  - Legal acts performed by EU Member States applying Union law come within the scope of the Convention and can give rise to adjudication by the ECtHR. A long series of judgments illus-trate the ECtHR’s approach regarding the application of Union law by the courts of EU Mem-ber States. The Convention and Union law are not two autonomous systems separated by a watertight fence. Both European Courts should therefore adopt a wholistic approach in this area, because only a wholistic view takes full account of the legal reality which is one of inter-action and intertwining. The ECtHR makes abundant use of EU law sources, thereby always explicitly referring to them. Three different categories of cases can be identified in how the CJEU goes about the Convention in its case-law.
KW  - ECHR
KW  - EU-Charter
KW  - legal clarity
KW  - duality of norms
KW  - wholistic approach
Y1  - 2023
U6  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-66187
UN  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-66187
SN  - 2499-8249
SS  - 2499-8249
VL  - 8
IS  - 1
SP  - 331
EP  - 347
PB  - European Centre for European Law, University of Rome
CY  - Rom
ER  -