The EEA and the Protection of Human Rights

Abstract

The legal protection of human rights in Europe is complex. Courts in every state have an obvious responsibility to protect these rights. National law often serves as the positive basis on which they engage in such efforts. However, they also rely on international law and supranational law in this regard, including the European Convention of Human rights and for EU Member States in EU law. Individuals have several avenues to seek protection and redress involving national courts, the ECtHR and the EUCJ. The relations between these legal instruments and courts are complex and intricate. If we add to the picture the states connected in a single European market through the EEA agreement, the legal complexities increase. In this paper, I seek to explain the avenues that are open to those who claim that their rights have been infringed upon. This is a chapter from the book "Recht und Realität. Festschrift für Christoph Vedder". © Nomos Verlagsgesellschaft