this post was submitted on 14 Feb 2024
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In this case, the title is misleading. It's not the ECJ, it's the ECHR. The ECHR isn't part of the EU even if the EU and the EU members recognize it.
The ECHR rules according to the ECHR and not the EU regulations. The court can overturn EU regulation when violating the Human Rights.
I didn't open the article before, and you are right. The author of the article lives in Chicago; I think that Ars has no European writer to really understand what they are talking about.
Well, European Union member states have as a criteria of membership to also be members of the European Convention of Human Rights (which is the one the ECHR rules on), but that's about it.