Jean Monnet Center at NYU School of Law



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Principal Permuations of Human Rights Review in Union Legal Order

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


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