Type of measure | Conformity with ECHR | Conformity with EC Human Right Standards | Conformity with National Human Rights Standards | Consti-tutionally Correct Result |
Community measure | Violates | (necessarily) violates | (necessarily) violates | Should be struck down by ECJ |
Community measure | Does not violate | Violates | Does not violate | Should be struck down by ECJ |
Community measure | Does not Violate | Does not violate | Violates | Should be upheld and not struck down by either ECJ or Member State Court |
Member State measure: Agency Situation where Member State has discretion | Violates | (necessarily) violates | (necessarily) violates | Should be struck down by ECJ or Member State Court |
Member State measure: Agency Situation where Member State has discretion | Does not violate | Violates | Does not violate | Should be Struck down by ECJ or Member State Court |
Member State measure: Agency Situation where Member State has discretion | Does not violate | Does not violate | Violates | Should be Struck down by Member State Court and imple-mented another way |
Member State measure: ERT situation | Violates | (Necessarily) violates | (Necessarily) violates | Should be struck down by ECJ or Member State Court |
Member State measure: ERT situation | Does not violate | Violates (ie, EC standard when appllied to Community measure goes beyond core ECHR) | Does not violate | Should not be struck down. ECJ should not enforce own standard beyond ECHR core |
Member State measure: ERT situation | Does not violate | Does not violate | Violates | Should be struck down by Member State Court and imple-mented another way |