The question of hierarchy in human rights protection in the European Union or quis custodiet ipsos custodes
Ravter, Pia
This contribution outlines hierarchical structure of the human rights protection in the European Union in the light of future accession of the European Union to the European Convention of Human ...Rights. It examines the hieratical position of both courts in the existing system of human right protection with the reference to historical developments and assessments of legislative and judicial practice of the Court of Justice of the European Union, European Court of Human Rights and the national courts. It justifies why the Court of Justice of the European Union cannot have higher or same hierarchical rank of human rights protection as the European Court of Human Rights. At the same time, the contribution tries to propose suitable solutions between the courts to straighten the protection of human rights de lege ferenda.
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