The European Court of Justice and the European Court of Human Rights are two entirely separate institutions that people often confuse. The Court of Justice of the European Union (CJEU), based in Luxembourg, ensures uniform interpretation of EU law across 27 member states. The European Court of Human Rights (ECtHR), based in Strasbourg, enforces human rights protections under the European Convention on Human Rights for all 47 Council of Europe member states. Understanding this distinction is essential because the UK remains subject to the ECtHR despite leaving the EU.
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What is the European Court of Justice (CJEU)?
The Court of Justice of the European Union, commonly called the CJEU or ECJ, serves as the highest judicial authority within the European Union. It sits in Luxembourg and interprets EU law to ensure it is applied consistently across all member states.
Location and Structure
The CJEU has been based in Luxembourg since the EU’s founding. The court comprises one judge from each EU member state, currently 27 judges total. These judges are assisted by 11 Advocates General who present opinions on cases before the court delivers its judgments.
Jurisdiction and Member States
The CJEU has jurisdiction over the 27 current EU member states. Its authority extends to all areas covered by EU treaties, including trade, competition law, environmental regulations, and the free movement of goods, services, capital, and people.
The court does not have automatic jurisdiction over non-EU countries. Once a nation leaves the EU, like the United Kingdom did through Brexit, it is no longer subject to CJEU jurisdiction.
Types of Cases
The CJEU handles several distinct types of cases. Preliminary rulings are requested by national courts when they need clarification on EU law interpretation. Infringement procedures address situations where member states fail to implement EU law properly.
Annulment actions challenge the validity of EU acts. Actions for failure to act address situations where EU institutions have not acted when required. The court also delivers advisory opinions on international agreements.
Who Can Bring Cases?
Individual citizens generally cannot bring cases directly to the CJEU. National courts refer questions to the CJEU through the preliminary ruling procedure. The European Commission can bring infringement actions against member states.
EU institutions, member states, and under certain conditions, individuals and companies can challenge EU acts. This limited direct access for individuals often surprises people seeking to address grievances against EU member states.
What is the European Court of Human Rights (ECtHR)?
The European Court of Human Rights is an international court established by the Council of Europe. It enforces the European Convention on Human Rights and protects fundamental rights across its member states.
Location and Structure
The ECtHR sits in Strasbourg, France. Its location reflects the court’s origins in the Council of Europe, which is headquartered there. The court consists of judges elected by the Council of Europe’s Parliamentary Assembly.
Each member state nominates up to three candidates, and the Assembly elects one judge per country. Currently, 47 judges serve on the court, reflecting the Council of Europe’s membership.
Jurisdiction and Member States
The ECtHR has jurisdiction over 47 Council of Europe member states. This includes all 27 EU countries plus 20 additional nations including the United Kingdom, Switzerland, Norway, and Turkey.
Importantly, EU membership is not required for ECtHR jurisdiction. The court operates independently of the EU and predates it by several years. This explains why the UK remains subject to the ECtHR despite leaving the EU.
Types of Cases
The ECtHR handles cases involving alleged violations of rights protected by the European Convention on Human Rights. These include the right to life, prohibition of torture, right to liberty and security, right to a fair trial, and protection of private and family life.
Common case types include unlawful detention claims, deportation challenges, discrimination complaints, freedom of expression disputes, and privacy violations. Immigration cases have become particularly prominent in recent years.
Who Can Bring Cases?
Individual applications are the primary mechanism for bringing cases to the ECtHR. Any person, non-governmental organization, or group of individuals claiming to be victims of a Convention violation by a member state can file an application.
Inter-state applications allow one member state to bring a case against another, though these are rare. The individual complaints mechanism makes the ECtHR far more accessible to ordinary citizens than the CJEU.
European Court of Justice vs European Court of Human Rights: Key Differences
The following comparison table summarizes the fundamental distinctions between these two European courts:
| Aspect | European Court of Justice (CJEU) | European Court of Human Rights (ECtHR) |
|---|---|---|
| Location | Luxembourg | Strasbourg, France |
| Parent Organization | European Union | Council of Europe |
| Member States | 27 EU countries | 47 Council of Europe countries |
| Legal Framework | EU Treaties and EU law | European Convention on Human Rights |
| Primary Focus | Uniform interpretation of EU law | Human rights protection |
| Who Can Apply | National courts, EU institutions, member states | Individuals, NGOs, states |
| Case Types | Preliminary rulings, infringement actions, annulments | Human rights violations, discrimination, detention |
| Judgments | Binding on member states | Binding on member states |
| UK Status | No longer under jurisdiction (post-Brexit) | Remains under jurisdiction |
Jurisdictional Differences
The CJEU’s jurisdiction is limited to EU member states and covers EU law specifically. Its authority does not extend to non-EU countries unless specific agreements grant it jurisdiction. The ECtHR’s jurisdiction covers a broader geographic area, including 20 non-EU countries.
Within EU countries, the CJEU has jurisdiction over matters of EU law. The ECtHR has jurisdiction over human rights matters in all 47 Council of Europe states. These jurisdictions can overlap when EU law involves human rights questions.
Enforcement Mechanisms
CJEU judgments are enforced through EU mechanisms. The Commission can bring infringement proceedings against non-compliant states. Financial penalties may be imposed for continued non-compliance. National courts are required to apply CJEU interpretations.
ECtHR judgments are binding on member states under international law. The Committee of Ministers of the Council of Europe supervises implementation. States must pay compensation awarded to applicants and take individual or general measures to prevent similar violations.
Accessibility for Individuals
The ECtHR offers direct access for individuals alleging human rights violations. Applicants must exhaust domestic remedies before applying. The court receives tens of thousands of applications annually.
The CJEU generally does not accept direct applications from individuals. Most citizen interaction with the CJEU occurs through national court references. This procedural difference significantly affects how citizens can seek redress at the European level.
Relationship Between CJEU and ECtHR
Despite their separate origins and functions, the CJEU and ECtHR maintain an important relationship. Since 2009, the EU’s Charter of Fundamental Rights has bound the CJEU to respect fundamental rights as defined by the European Convention on Human Rights.
The CJEU frequently refers to ECtHR case law when interpreting fundamental rights. The ECtHR’s jurisprudence serves as an important source of inspiration for the CJEU. This creates a dialogue between the two courts on human rights standards.
The EU has sought accession to the European Convention on Human Rights, which would formally subject EU institutions to ECtHR jurisdiction. This process has faced legal and political obstacles but remains an ongoing objective.
Brexit and UK Implications
The United Kingdom’s departure from the European Union significantly changed its relationship with the CJEU while leaving its ECtHR obligations intact. Understanding this distinction helps clarify ongoing legal debates in the UK.
UK and the CJEU
Following Brexit, the UK is no longer subject to CJEU jurisdiction. British courts no longer make preliminary references to the CJEU. The UK Supreme Court is the final appellate court for all UK legal matters.
Existing CJEU case law decided before Brexit remains relevant for interpreting retained EU law. However, the UK can now diverge from EU law, and British courts are not bound by future CJEU decisions.
UK and the ECtHR
The UK remains a member of the Council of Europe and subject to the ECtHR. British citizens can still bring human rights complaints to Strasbourg. The UK must comply with ECtHR judgments.
This explains why deportation cases involving the UK still reach the ECtHR. The court’s jurisdiction over the UK is separate from EU membership. Political debates about leaving the ECHR remain distinct from Brexit.
Frequently Asked Questions
What is the difference between the European Court of Justice and the European Court of Human Rights?
The European Court of Justice (CJEU) interprets EU law for 27 EU member states and is based in Luxembourg. The European Court of Human Rights (ECtHR) enforces the European Convention on Human Rights for 47 Council of Europe countries and is based in Strasbourg. The CJEU focuses on EU law interpretation, while the ECtHR protects fundamental human rights.
Is the Supreme Court higher than the European Court of Human Rights?
No court is higher than another in a hierarchical sense. The UK Supreme Court is the highest domestic court for UK law. The ECtHR is an international court that adjudicates on human rights violations. ECtHR judgments are binding on the UK under international law, but the UK Supreme Court is not directly subordinate to it.
What is the most powerful Court in Europe?
There is no single most powerful court. Each court has authority within its specific domain. The CJEU has the final say on EU law matters. The ECtHR interprets the European Convention on Human Rights for all 47 Council of Europe members. Their authority is complementary rather than competitive.
What are the criticisms of the European Court of Human Rights?
Critics argue the ECtHR overreaches by interfering in national policy areas like immigration and deportation. Some claim it creates delays in removing foreign criminals. Others argue the court is too slow and backlogged with cases. Political criticisms often focus on perceived infringement of national sovereignty, particularly in the UK.
Conclusion
The European Court of Justice and the European Court of Human Rights serve fundamentally different purposes within Europe’s legal architecture. The CJEU ensures consistent application of EU law across 27 member states from its base in Luxembourg. The ECtHR protects human rights for 47 Council of Europe countries from Strasbourg.
For UK readers especially, understanding this distinction clarifies why Brexit affected CJEU jurisdiction but left ECtHR obligations unchanged. When seeking legal redress at the European level, knowing which court has jurisdiction depends entirely on whether the issue involves EU law or human rights protected by the European Convention.