PRACTICE OF THE COURT OF JUSTICE AND THE EUROPEAN COURT OF HUMAN RIGHTS IN THE FIELD OF HUMAN RIGHTS PROTECTION

LEPOTIĆ dr Biljana (Основни суд у Новом Саду), lepotic.biljana@gmail.com

The development of the human rights system is one of the basic factors for the recovery of the international legal order after the Second World War. The European Union and the Council of Europe have implemented cooperation in the field of human rights, democracy and the rule of law in countries bordering the EU. The framework for the relationship between these two bodies is defined over several “exchanges of letters” between the two organizations concerning the consolidation and intensification of cooperation. The European Union sees human rights as universal and indivisible and actively promotes and defends it. This raises the question of the relationship between the two European courts, the European Court of Human Rights and the Court of Justice of the European Union in the field of human rights and fundamental freedoms. Namely, between these courts, there are no formal institutional ties. On that basis, there is a divergence in the case law of the two courts. Upon the Opinion 2/13, the notion of a dialogue between two European courts and thus the attempt to harmonize the judicial practice is somewhat pointless.

Keywords: Human Rights, the European Union, the European Court of Human Rights, European Court of Justice, Opinion 2/13