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The ECJ, when making its decisions has demonstrated that the ECHR is a valuable source. For example in the early case of Nold the ECJ examines the status of fundamental rights considering “in particular the Convention for the Protection of Human Rights…”. However, the situation has not changed much, as is demonstrated in a recent case where the ECJ states:
“the court draws inspiration from [treaties the member states are signatories to]…the ECHR has special significance in this respect”.
The court also makes reference to the importance of ECHR case law.
What is clear from this is that the terms of the ECHR act as significant guidance for the ECJ when making their judgements in fundamental rights cases...
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