Human rights, ECHR, CJEU, EU law, international law, constitutional law, European Court of Human Rights, Court of Justice of the European Union, human rights protection, jurisdictional conflicts
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Abstract
This document discusses the interactions between human rights norms and various jurisdictions, including the European Court of Human Rights and the Court of Justice of the European Union.
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[...] The Polish Constitutional Court accuses the CJEU of having ruled ultra vires. The European Parliament adopts a resolution entitled 'the crisis of the rule of law in Poland and the primacy of EU law'. The CJEU, by order: 'the CJEU condemns Poland to pay a daily fine of one million euros until it accepts to give effect to the CJEU judgment'. System logics One finds a return to dualist logic, and even pluralist logic. The legal orders are watertight from one another. [...]
[...] These two principles do not contradict each other; they have different levels of protection. In the field of human rights, the rule is that the most protective norm is applied. Case Sarran CE 1998 : « the supremacy conferred on international engagements does not apply within the internal order to constitutional provisions.Case SNIP CE 2001 : « this principle of primacy cannot lead, within the internal order, to question the supremacy of the Constitution Two cases where there is a conflict between national judge and European judge. [...]
[...] The UN Human Rights Committee criticizes France, considering that other countries with the same concerns in the fight against fraud do not have the same requirements for identity photos. There is therefore a divergence between the two jurisdictions. In a similar case, the Geneva Committee considered this time that the infringement on religious freedom is not disproportionate. The Sikh could not wear the turban because, for security reasons, the exercise of his profession required wearing a helmet. In Switzerland, due to a popular vote in 2020, the non-disclosure of the face in public space is inscribed in the Constitution. This poses problems for village festivals, firefighters, etc. [...]
[...] In 1997, the CC organized a conference in Paris on this question on 'the conciliation of acts of derived community law with acts of constitutional value'. The judges of the CJEU are invited but do not come. Instead, they send a written position that says 'the supremacy of the Constitution is the existential presupposition of a Constitutional Court'. Normative Interactions in the Field of Human Rights Reception of European Human Rights Norms in Community Law Specialized unilateralism of the European judge of the ECHR The ECHR Convention of 1950 is accompanied by a protection body, the ECHR. It is a specialized jurisdiction. [...]
[...] The Constitution provides that the law may list exceptions, justified by reasons of security or local customs. This fractures the idea of universality of human rights. This unity is also fractured by the fact that the Muslim world claims the rights of the Muslim man. Thus, the EU is an original legal organization, with real executive and legislative powers. Yet, strong intergovernmentalism, member states retain their international personality and sovereignty. [...]
