Jóźwicki Władysław, Bosphorus Gone but Still on: ECtHR’s Jurisprudence in Cases Concerning EU After Opinion 2/13 and Potential Cracks in European Fundamental Rights Protection Equilibrium

1. Introduction. The long-lasting process of the EU’s accession to the ECHR has been halted by the (in)famous ECJ’s Opinion 2/13. Recently the process has been resumed and the negotiations have been recommenced. It seems, however, rather unlikely that they would come to an end in the nearest future. Therefore, this text will focus on the current legal setting. It will concentrate on the evolution of the ECtHR’s jurisprudence in cases concerning the EU in a very lively and increasingly turbulent context of relations between the ECJ and EU Member States’ (mainly constitutional) courts in the field of human rights.

The article will focus on the ECtHR’s post-Opinion 2/13 jurisprudence oriented around Avotiņš judgment, but is not limited to it. Insofar, the scholarship has been focusing on the fact of upholding (even if not once and for all) by the ECtHR of the Bosphorusdoctrine and on pointing to some significant but rather specific potential consequences and uncertainties the judgment...