Protection of Human Rights – Relations between Legal Orders: National, EU, ECHR

• Main Author: Maja Menard
• Format: Article
• Language: English
• Published: University of Ljubljana, Faculty of Law 2019-12-01
• Series: Zbornik Znanstvenih Razprav
• Subjects: human rights; european convention on human rights; european court of human rights; european union; court of justice of the european union; constitution; national court; fragmentation of international law
• Online Access: http://www.pf.uni-lj.si/media/zzr.2019.eu.menard.pdf

The protection of human rights is characterised by the substantive fragmentation of the law, within the framework of which an integrational interaction between national and supranational orders drives the evolution of the substantive human rights law. At the same time, the institutional proliferation provides the users of the system with strategic institutional choices for the maximisation of their interests. Neither characteristic is sub-ject to a realistic threat of a conflict between different norms or institutions that could jeopardise the system or, more importantly, the content of the protection.