Bosphorus is relevant in that the European Court of Human Rights (ECtHR) introduced the so-called Bosphorus presumption: if a member state of an organization acted in compliance with an obligation arising from its membership and had no discretion, there is a rebuttable presumption that the member state has complied with its obligations under the European Convention on Human Rights provided that the organization itself ensures a protection of fundamental rights equivalent to what the Convention requires. If that is so, the presumption can only be rebutted if this protection was manifestly deficient.
|Title of host publication||Judicial Decisions on the Law of International Organizations|
|Editors||Cedric Ryngaert, Ige F Dekker, Ramses A Wessel, Jan Wouters|
|Place of Publication||Oxford|
|Publisher||Oxford University Press|
|ISBN (Print)||9780198743613, 9780198743620|
|Publication status||Published - 10 Mar 2016|