Tuesday 11 September 2012

X-v-Latvia: ECHR Grand Chamber: Art 13b

The Grand Chamber is hearing X-v-Latvia in October. Surprisinglyu only a few national governments are seeking to intervene (apparently Finland and the Czech Republic are) and the UK charity reunite is filing a written intervention. Issues of EU/national external competence may be getting in the way of other EU governments intervening - budget issues may also be playing a part.
In the UK the the 'Neulinger' issues were definitively settled in Re E and Re S by the UK Supreme Court. Whether the ECtHR will adopt the approach of the UKSC will be seen (assuming someone argues it). If the ECtHR does not adopt that approach then the issue will continue to cause problems within the EU in particular but in reality in all ECHR signatory states. The CJEU has said that the EU Charter on Fundamental Rights and Freedoms is a mirror to the ECHR and that it would follow the jurisprudence of the ECtHR on these issues (JMcB -v-LE 2010). What will happen though if divergent approaches develop between the UK/Ireland and other EU countries (who might follow an ECtHR line of authority? As the UK is not a party to the EU Charter (we entered a derogation in the Lisbon Treaty) a schism could develop. We await the decision of the Grand Chamber with interest.

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