Lunch seminar with Audrey Plan
A Theory Of Strategic Judicial Dialogue :
Convergence And Divergence Between The European Court Of Justice And The European Court Of Human Rights
Abstract
This project demonstrates that the ECJ and the ECtHR strategically decide when to engage with each other’s case law, as a legitimacy-enhancing mechanism in the face of challenges to their authority. It uses a new index to measure the convergence and divergence of these two international courts systematically and consistently over time. The theory is then tested over three longitudinal case studies, drawing from multiple data sources including interviews with judges from the ECJ and the ECtHR. This research provides a novel theoretical argument on international judicial decision-making and leverages it to explain of the evolution of the case-law of both Courts in the areas of rights to privacy for businesses, the execution of European Arrest Warrants, and the rights to legal gender recognition for trans persons.
Speaker bio
Audrey is a 4th year PhD candidate at Trinity College Dublin (Law/Political Science), where she also lectures on International Judicial Politics. She holds a Bachelor of Law and Masters in European and International Studies with a specialization in European Law, and has previously worked in international legal advocacy for children’s rights.
Audrey’s research interests are International Courts relations with subnational actors, the judicialization of international human rights, and the development of interdisciplinary research methods for empirical legal studies.
Meeting ID: 642 4488 7195
Passcode: 683834