22/03/2023 Legal Affairs and Human Rights | European Convention on Human Rights
There is not any hierarchy between the European Convention of Human Rights, EU law and national constitutions, in the sense of a traditional approach to the hierarchy of norms within a constitutional framework. Indeed, in the context of such multi-level constitutionalism “any attempt to impose such a hierarchy would be problematic and unhelpful”, the Committee on Legal Affairs said. However, it considered that a constructive dialogue must be established between the judicial instances and the different jurisdictions “to respect and acknowledge each-other’s respective roles, competences, and spheres of expertise”.
Unanimously adopting a draft resolution on the European Convention on Human Rights and national constitutions, based on the report by George Katrougalos (Greece, UEL) the Committee considered that it is important to find ways to ensure that national and supra-national instances can effectively collaborate and communicate, “rather than seek a single, uniform solution to complex constitutional issues”. It underlined the clear and unambiguous nature of the obligation on member States to comply with final binding judgments of the European Court of Human Rights.
The adopted resolution suggests that national constitutional and supreme courts should seek, where possible, to align their human rights analysis as closely as possible with the analytical approach taken by the European Court of Human Rights. “Such an approach can be a useful tool in ensuring a consistent approach between the jurisdictions and in avoiding unnecessary conflicts”.