The “european regulatory and judicial triangles”: the coherence between various systems on human rights

Abstract

This article aims to analyze the so called “European triangle” for the protection of human rights, characterized by a complex normative and judicial articulation of three coexisting systems of protection in Europe: at national, international and at the European Union level. In order to do so, it starts by presenting the multiple standards experienced in Europe, which means concurrent and, in particular, complementary normative schemes. This pluralism also requires the presentation of the established maximum standard principle as an harmonizing mechanism. Then, it presents the judicial protection of human rights in Europe, emphasizing the articulation and, mainly, the mutual infl uence between all competent courts, including references to some decisions that properly demonstrate the evolution of their approach. Ultimately, it concludes that this complex normative and judicial articulation found in Europe shapes what is called the “European legal identity”, based on an indispensable coherence towards the adequate protection of human rights. It also concludes that the European Convention of Human Rights is taken as the main normative instrument in Europe, expressing a true European convergence in terms of human rights. Finally, likewise, it concludes that the European Court of Human Rights is confi rmed as the prime guardian of human rights in Europe, playing a true integrative role