The cross-fertilisation between the Court of Justice of the European Union and the European Court of human rights: reframing the discussion on Brexit

In this article, the authors discuss the cross-fertilisation between the Court of Justice of the European Union and the European Court of Human Rightsto re-evaluate the major promises of theLeave Campaign, namely parliamentary sovereignty and immigration control. The authors also analyse the potential of such cross-fertilisation for the development—or regress—of international human rights. In particular, the authors point out that the interplay between the two courts would lead to continued leverage of the Luxembourg Court and EU law on British human rights practicesthrough the binding force of the European Convention on Human Rights and the judgments of the European Court of Human Rights. Meanwhile, the authors also highlight the importance of protecting the Strasbourg Court from attacks on its legitimacy and desirability that fuelled the momentum for Brexit and the challenge to the European Court of Justice’s jurisdiction over the United Kingdom.