For several decades the two European courts in Strasbourg and Luxembourg have, each within the limits of their own jurisdiction, been involved in the defense of democracy, respect for human rights and the rule of law. This paper reflects on the evolving relationship between these two courts when it comes to the protection of human rights, structuring the assessment along the lines of the key features of the EU and its legal order as identified by the CJEU in Opinion 2/13. It highlights how the two European courts have developed their case-law and managed their interactions to date and emphasizes the need for both courts to ensure the effectiveness and operationality of Europe’s increasingly complex multi-level system for the protection of human rights with a view to better serving national decision-makers, courts and litigants.
