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Publishers Abstract:
The relationship between the EU and the European Court of Human Rights has puzzled and provoked EU and human rights lawyers for some time and was once again raised by the lengthy Bosphorus litigation, which arose out of the troubled situation in the former Yugoslavia in the early 1990s and the sanctions imposed to deal with it, and finally ended with the judgment of the Court of Human Rights in Jun 2005. The Strasbourg Court gave a relatively short judgment, finding that the complaint fell within the scope of the European Convention but rejecting the applicant's claim. It might be commented that, as well as raising issues of comity where different courts and legal systems interact, Bosphorus is yet another illustration of the singular nature of a multidimensional European legal space, which is pluralistic and hybrid in nature, in which there exists no straightforward hierarchical relationship in human rights cases.
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