Jump to Content Jump to Main Navigation

6 Responsibility, 6.5 Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland, App. No. 45036/98, European Court of Human Rights, 30 June 2005

Tobias Lock

From: Judicial Decisions on the Law of International Organizations

Edited By: Cedric Ryngaert, Ige F Dekker, Ramses A Wessel, Jan Wouters

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 September 2023

Membership of international organizations — International organizations, practice and procedure — Responsibility of international organizations

In Bosphorus the ECtHR introduced the so-called Bosphorus presumption: if a member state of an international organization acted in compliance with an obligation arising from its membership and had no discretion, there is a rebuttable presumption that the member state has complied with its obligations under the ECHR provided that the organization itself ensures a protection of fundamental rights equivalent to what the Convention requires. The Court considered that the European Union met this test. If an organization provides equivalent protection, the presumption can be rebutted, but only if this protection was manifestly deficient in the concrete case. By formulating the presumption the ECtHR showed a great deal of respect for the European Court of Justice and placed the relationship between the two European courts on relatively solid ground. A number of questions remain, however.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.