Synapse
⌘+K
Synapse
PulseExploreClubsResearchersJournals
Instagram
HomeClubsExplore
August 9, 2026German Law JournalOpen Access

Strasbourg’s Consideration of Article 267 TFEU and the ECtHR as a Shadow Constitutional Court of the European Union

View Full Paper
Ask AI
Bookmark
Share

Authors

RCRóisín Áine CostelloTrinity College Dublin

Discussion

Loading...

Member takes

Implication

This article argues ECtHR shapes EU constitutional norms, indicating its role as a shadow court for fundamental rights.

Key Points

  • The central aim is to explore the influence of the ECtHR on EU constitutional norms, particularly regarding Article 267 TFEU.
  • Analysis of ECtHR jurisprudence related to Article 267 TFEU
  • Examination of dialogue patterns between ECtHR and CJEU
  • Evaluation of implications for EU's constitutional order with respect to the ECHR.
  • ECtHR's interactions with CJEU signal a shift in EU constitutional law dynamics.
  • The ECtHR is positioned as an influential entity in shaping fundamental rights in the EU, regardless of formal EU accession to the ECHR.
  • The EU must acknowledge the integration of its legal order with the ECtHR's interpretations.

Cite This Study

Róisín Áine Costello (2026) studied this question.

synapsesocial.com/papers/6a782d962e1896536c840e52https://doi.org/10.1017/glj.2026.10227
View Full Paper
Ask AI
Bookmark
Share

Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Brussels in Strasbourg: Theoretical Reflections on the Impact of European Union Law on the Case-Law of the European Court of Human Rights2024 · 3 citations
  2. 2The Shifting Landscape of Judicial Independence Criteria Under the Preliminary Reference Procedure: A Comment on the CJEU’s Recent Case Law and the Trajectory of Article 267 TFEU2024
  3. 3Autonomy of the European Union Legal Order and Autonomous Interpretation2023
  4. 4Sole Architect? How the CJEU Reinvented Europe’s Constitution2026
  5. 5Accession of the EU to the ECHR: A more developed fundamental rights low for the EU after the Lisbon Treaty?2024 · 1 citations