A tale of two European courts : Strasbourg and Luxembourg. How is the citizen protected?

Abstract

This paper examines the legal distinction between the two European courts that are often conflated, yet are markedly different. The Court of Justice of the European Union, based in Luxembourg is the EU's Court, but it also directly influences national legal systems. It cannot be considered an international court in the literal sense. The European Court of Human Rights in Strasbourg is an international court par excellence, belonging to the Council of Europe, yet it is more accessible to individuals. Both courts address human rights in very different ways, but the CJEU's role is more limited in Human Rights and has a wider impact on individuals beyond Human Rights. Both courts contribute to European integration in their own way, yet they cannot be compared. They may be seen as competitors, but also as partners in some respects. This paper examines the relationship between the two and how it may evolve over the next decade or so. It examines the court from both individual and systemic perspectives, focusing on its contribution to stability and the rule of law. Finally, the paper examines how the possible relationship between the two can evolve in the individual's interest.