Abstract:

The lack of a unified set of rules in international law, backed with the lack of hierarchy between the international courts and tribunals, as well as their overlapping jurisdictions create serious obstacles at the expense of the credibility of international institutions and the fundamental rights of private persons and entities. “Bosphorus” constitutes one of the landmark cases handled in the face of the war in the Federal Republic of Former Yugoslavia, where the ECJ and the ECtHR come to a position to choose between two crucial conflicting interests, namely the public interest pursued by the international rules, and the fundamental rights and freedoms of individuals suffering from the application of these rules. This essay initially articulates the facts of “Bosphorus” including the analysis of the ECJ’s preliminary ruling, and the elaboration of the ECtHR decision. Subsequently, a critical analysis of the ECHR judgment will be made. Here, the focus will be on the ECtHR’s assessment regarding the EC’s protection of fundamental rights, with a rather compromising approach avoiding to tamper with the ECJ’s analysis and evaluation. * LL.M., Koç University Law School.

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