Взаємодія Європейського суду з прав людини та Суду Справедливості ЄС: на прикладі правопорядку Бельгії

As of today, the European Union and the Council of Europe play a key role in establishing standards for human rights protection. The European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) share a common fundamental goal – the protection of human rights. While they occasionally refer to each other’s case law, resulting in «mutual cross-fertilization», a closer analysis reveals significant differences between these institutions. Among the 46 member states of the Council of Europe, 27 are part of the European Union, granting their citizens access to the protection of their rights within both judicial systems. This article examines the interaction between the ECtHR and the CJEU within the context of Belgium’s legal system. The author analyzes the impact of these two key judicial institutions on the development of national legislation and jurisprudence in Belgium, with a focus on harmonizing European and national legal standards. Particular attention is given to the mechanisms of jurisdictional interplay between The ECtHR and the CJEU and their influence on ensuring human rights protection in Belgium’s multi-layered legal system. The article explores the historical aspects of Belgium’s integration into the EU legal order, notably the landmark decision of the Court of Cassation in Le Ski (1971), which marked a turning point in recognizing the supremacy of EU law over national legislation. It also addresses the principles of equivalence and effectiveness introduced by the CJEU to unify procedural norms across member states. Additionally, the relationship between EU law and the European Convention on Human Rights (ECHR) is discussed, as well as the role of the «margin of appreciation» doctrine in balancing international obligations with national legal autonomy. The scientific novelty lies in analyzing the modern practice of judicial dialogue between the ECtHR and the CJEU and examining its influence on legal processes in Belgium. The author concludes that the synergy between the jurisdictions of the ECtHR and the CJEU strengthens human rights protection in EU member states, although challenges related to legal autonomy and norm interpretation persist.