The paper aims to demonstrate the existence in Europe area, the reciprocal influence among legal systems through cooperation among the national and supranational Courts. For the purpose of this paper, having access to remedies provided by European Court of Human rights (ECtHR), which covers the circulation of juridical models among the legal systems of States, it is central. The national Courts are influenced by the European Court of Human rights (ECtHR), which obliges Member States to guarantee the protection of individuals' fundamental rights. The application of the Nagoya protocol in the European Union it's one of the examples of reciprocal influence above mentioned. It is somewhere able to reverse the traditional Civil law "ubi jus ibi remedium" and creating a Continental version of "ubi remedium ibi jus".
"European Court of Human Rights and national Courts: the case of Nagoya Protocol, vegetable patents granted under the Regulation (EU) n. 511/2014"
2017
Abstract
The paper aims to demonstrate the existence in Europe area, the reciprocal influence among legal systems through cooperation among the national and supranational Courts. For the purpose of this paper, having access to remedies provided by European Court of Human rights (ECtHR), which covers the circulation of juridical models among the legal systems of States, it is central. The national Courts are influenced by the European Court of Human rights (ECtHR), which obliges Member States to guarantee the protection of individuals' fundamental rights. The application of the Nagoya protocol in the European Union it's one of the examples of reciprocal influence above mentioned. It is somewhere able to reverse the traditional Civil law "ubi jus ibi remedium" and creating a Continental version of "ubi remedium ibi jus".I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
