Relationship between the European Court of Justice and European Court of Human Rights
The relationship between the European Court of Justice (ECJ) and European Court of Human Rights (ECtHR) is an issue in
The European Court of Justice (ECJ) has decided not to be bound by the rulings of the European Court of Human Rights.[
As seen in Article 6(2) of the Maastricht Treaty, quoted above, the European Union is bound to respect fundamental rights principles. This means that the institutions of the European Union must not violate human rights, as defined by European Union law, and also that the Member States of the European Union must not violate European Union human rights principles when they implement Union legislation or act pursuant to Union law. This obligation is in addition to the Member States' pre-existing obligations to follow the rulings of the European Court of Human Rights in everything they do.
In practice, this means that the Court of Justice weaves the Convention principles throughout its reasoning. For example, in the Baumbast case, the Court held that when a child has a right of residence in a Member State according to Union law, this also means that his parent(s) should also have a right of residence due to the principle of respect for family life enshrined in Article 8 of the European Convention on Human Rights.