EU accession to the ECHR: Bringing about an aggiornamento for EU case law? Overview of ECHR and EU case law

Would it be unfair to depict the relationship between the European Convention on Human Rights (ECHR) and the EU Treaties and the relationship between the Luxembourg Court and its Strasbourg counterpart with the well-known formula : “je t’aime, moi non plus”? Things are not so clear. [1] At the heart of the topic of this article is a tension between, on the one hand, the principles of efficient enforcement of competition law, and on the other hand, the idea of due process which includes respect of the rights of defence and equality of arms. Added to this tension between competing objectives is a potential conflict over the interpretation of rights by the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR): obviously, the judges belonging to each

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Eric Morgan de Rivery, Etienne Chassaing, EU accession to the ECHR: Bringing about an aggiornamento for EU case law? Overview of ECHR and EU case law, 10 December 2013, e-Competitions ECHR, Art. N° 61327

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