Die Folgen des Beitritts der EU zur EMRK für das Verhältnis des EuGH zum EGMR und den damit einhergehenden Individualrechtsschutz

The President of the ECtHR, Spielmann, stated recently that up to now there had been a gap in fundamental rights within the EU. This dissertation shows that in order to close this gap, Europe does not need a supreme court as the final arbiter of European law, but instead an amalgamation of the ECJ and the ECtHR. To support the combined courts, Europe's accession to the ECtHR embeds the Union gently into the convention system and ensures that the member states can be released from their solidary obligation for EU legislation, which is not in keeping with the convention by making the EU itself subordinate to the ECtHR. This along with other optimising mechanisms paves the way for a "Europe of intensive protection of individual human rights".