The comparative method in European Courts: A comparison between the CJEU and ECtHR

If European Courts were ‘playing house’ in the traditional, stereotypical way, the European Court of Human Rights (ECtHR) would take the role of the rather soft-spoken, but on certain points firm, ‘Mommy’. Meanwhile, the Court of Justice of the European Union (CJEU) would play the bold, sometimes gruff, and occasionally audaciously acting ‘Daddy’ – with both taking care of the well-being of their children, i.e. the Member States, including human rights issues.
At play, both courts use a comparative method to justify their decisions.
How do they proceed? And why is there – as claimed at the very beginning – a difference in the application of the choice of ‘comparative method’?

Journal/Publisher: Bergen Journal of Criminal Law & Criminal Justice , Vol. 1, Issue 1

Co-author/s: Jeannine MARTIN

Publication type: Article

Number of pages/Page range: 36-52

Language/s (content): English

Date of publication: 09-12-13

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Full name Sabine GLESS

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University/Institution University of Basel

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