Abstract / Description of output
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.
Original language | English |
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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 |
Pages | 309-318 |
ISBN (Print) | 9780198743613, 9780198743620 |
Publication status | Published - 10 Mar 2016 |