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A view from the European Court of Human Rights

In: Research Handbook on EEA Internal Market Law

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  • Arnfinn Bårdsen

Abstract

To what extent can an EFTA-EEA state be held responsible under Article 1 of the European Convention on Human Rights (ECHR) for the EFTA Court’s rulings, either because of structural weaknesses relating to the EFTA Court itself, or because of the state’s active participation in proceedings before the EFTA Court? To what extent can an EFTA-EEA state be held responsible under the ECHR for its own implementation of EEA law at domestic level, notably whether the protection of fundamental rights in EEA law implies the applicability of the Bosphorus presumption in the context of an EFTA-EEA state’s implementation of EEA law? It is these considerations in mind that are the essence of this chapter, offering a view from the European Court of Human Rights (ECtHR).

Suggested Citation

  • Arnfinn Bårdsen, 2025. "A view from the European Court of Human Rights," Chapters, in: Graham Butler (ed.), Research Handbook on EEA Internal Market Law, chapter 18, pages 400-413, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21527_18
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922461.00031
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    Law - Academic;

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