Autonomous concepts and status quo method: Quest for coherent protection of human rights before European supranational courts

Abstract

The accession of the European Union to the European Convention on Human Rights is currently being renegotiated, but this remains a rocky and time-consuming process. Mostly relying on doctrinal method, the authors examine various methods advocated in legal theory as a means to ensure a coherent protection of human rights in Europe in the absence of an institutional agreement. The authors focus their attention on the further development of autonomous concepts in the case law of two the European supranational courts as a prerequisite for successful application of the status quo method. The principle of ne bis in idem is selected as a case in point. Finally, authors formulate proposals for approaches regarding autonomous concepts to be utilized by the Court of Justice and the European Court of Human Rights.