National Courts between the European Court of Human Rights and the Court of Justice of the European Union. A Complicated Trio Relationship

Abstract

The two main European courts share a common history. Based on this, it is now natural to talk about what the doctrine calls "cross-fertilisation", which leads to the "unionisation" of the Conventions and the "conventionalisation" of the European Union (Sionaidh Douglas-Scott, 2013, p. 5). However, there is not always uniformity of solutions between the two European courts, so that among them is the national judge, who must comply with both guidelines. This paper aims to explore how the national judge can accomplish this.