Bosphorus Airways v. Ireland

Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application no. 45036/98 (30 June 2005), was a decision taken by the Grand Chamber of the European Court of Human Rights (ECHR) which held that the Court's role is confined to ascertaining whether the effects of Member States' national adjudications are compatible with the European Convention on Human Rights.

If the level of protection for fundamental rights offered by an organization is comparable to the protection provided under the Convention (known as equivalent protection), than that organization is presumed to be in compliance with Convention requirements.[1] Under this decision, a national measure required by EU law enjoys the presumption of equivalent protection with ECHR rights, unless a deficiency in protection is revealed. This presumption is called the "Bosphorus Presumption."[2]

  1. ^ Bosphorus v. Ireland, Case 45036/98, 30 June 2005
  2. ^ Costello, Cathryn (2015-12-01), "The Human Rights of Migrants and Refugees in a Pluralist Setting", The Human Rights of Migrants and Refugees in European Law, Oxford University Press, pp. 41–62, retrieved 2024-05-15

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