Oscillating between embracing and avoiding Bosphorus: the European Court of Human Rights on Member State responsibility for acts of international organisations and the case of the European Union

• Autores: Cedric Ryngaert
• Localización: European law review, ISSN 0307-5400, Nº 2, 2014, págs. 176-192
• Idioma: inglés
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• Dialnet Métricas: 1 Cita
• Resumen

  • In 2011 and 2012, the European Court of Human Rights bolstered its case law concerning contracting parties' responsibility under the ECHR for acts of international organisations of which they are Member States, with the Court rendering decisions on responsibility with respect to CJEU preliminary rulings, UN sanctions, EU asylum regulations, and ICC defence witnesses. At first sight, these decisions, although partly based on the Court's Bosphorus decision (2005), appear to lack principled guidance. On closer inspection, however, what unites these cases is that the Court is generally reluctant to be drawn into second-guessing the human rights adequacy of the internal procedures of international organisations. It does so by finding no State action, by finding State discretion, or by simply accepting the organisation's internal procedures as adequate.