The master's thesis entitled The Principle of Equivalence of Legal Protection in the Jurisprudence of the European Court of Human Rights deals with the presentation of the Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland judgment, which is a judgment of the European Court of Human Rights. The Bosphorus case is a precedent-setting judgment in which the ECtHR has developed a two-step test to verify whether the protection of fundamental rights in the relevant international organisation is equivalent to the protection of rights offered by the European Convention on Human Rights. If the ECtHR finds that the protection is indeed equivalent, a legal presumption is established, which can be rebutted by the second condition of the test. The applicant must prove, or at least allege, that the protection of rights was manifestly deficient in order for the ECtHR to make an assessment of the second condition of the test. An introduction to the European Union and the United Nations is given in order to clearly outline their common features and specificities in comparison to the ECtHR and the ECHR. The thesis presents a rather scarce case law of the ECtHR on the subject. Through its case law, the ECtHR has gradually clarified the Bosphorus test, which is written in very abstract terms. A review of the case law shows that the ECtHR is willing to apply the Bosphorus test when the European Union is cited as the relevant international organisation. However, the weaknesses of the Bosphorus test are particularly apparent when the relevant international organisation is the United Nations. In these cases, the ECtHR has decided to decline jurisdiction on the ground that the complaint is inadmissible ratione personae. The Bosphorus test raises, among other things, the problem of the relationships between different international organisations and the reluctance of the ECtHR to conduct a substantive review when a member state of the ECHR is also a member of another international organisation.
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