The ECHR and the ECJ – What is the difference?

One of the most common mistakes made by A-Level students is to mix up the ECHR/ECtHR and ECJ. So what are these two institutions and why are they so different?

ECtHR

The ECtHR is based in Strasbourg, France.

The ECtHR stands for the European Court of Human Rights. It is based in Strasbourg, France. It exists to adjudicate on the ECHR (European Convention of Human Rights).

In 1949, with the memory of the Second World War still heavy in the minds of Europeans, an organisation called the Council of Europe was set up. This organisation is separate from the EEC/EU. For example, Russia is a member of the Council of Europe, but is not a member of the European Union.

Yellow = Founder Members, Blue = Later Members.

The aim of this organisation was to uphold human rights, democratic values and the rule of law across the continent of Europe, with the ultimate aim of preventing a Third World War from erupting on the continent.

In 1950, the European Convention of Human Rights was signed. This enumerated a number of universal rights that signatories agreed to uphold. These included:

Article 2: The Right to Life

Article 3: Freedom from torture or degrading treatment

Article 6: Right to a Fair Trial

Article 8: Right to Privacy

In 1959 a European Court of Human Rights was set up to enforce these rights. Citizens of member countries could go to the ECtHR if they believed that their rights had been infringed.

John Hirst (criminal) - Alchetron, The Free Social Encyclopedia
John Hirst bought the most famous case against the British Government in the ECHR.

For example, in Hirst v United Kingdom a convicted murderer argued in the ECHR that his Human Rights had been infringed by the UK Government when they refused to allow him to vote. The Court ruled that a blanket ban on prisoners voting did breach Human Rights.

In 1998 Britain transferred the ECHR into British Law through the Human Rights Act (1998). This means that the ECHR is now codified into British law and is adjudicated in British courts.

The ECHR does not fall under the jurisdiction of the European Union in any way. However, perhaps confusingly, countries can only become members of the European Union if they accept the European Convention of Human Rights.

ECJ

Facebook Can Be Forced to Delete Content Worldwide, E.U.'s Top Court Rules  - The New York Times
The ECJ is based in Luxembourg.

The ECJ is the European Court of Justice. This is the court that is responsible for interpreting and ensuring the implementation of EU law across the 27 countries that now make up the European Union.

The court is made up of 27 judges, one from each member country. Normally, cases will only be heard by a maximum of 15 judges.

Leaving the jurisdiction of the ECJ was a key argument of the Leave campaign during the Brexit Referendum and was a key component in trying to reach a withdrawal agreement between 2016 and 2019. As it stands, as of 31st December 2020 the ECJ will have no jurisdiction over the UK.

So, in summary, the ECtHR and ECJ are very different institutions and should not be confused.

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