The relationship between ECtHR and CJEU and national criminal courts in the light of the concept of human rights

Abstract

The concept of human rights is at the heart of the relationship between the two supranational courts – ECtHR and the CJEU – and the national jurisdictions. This relationship is complex in nature involving both the perception of and opposition against the legal solutions adopted by supranational courts. But its result is clear – it affirms the human rights as super-right, a supreme imperative and a criterion for assessing the legality of national law and case law.