CIPP-E - Introduction to European Data Protection - Section 1.3

Know the roles and functions of key European Union institutions including the Council of Europe, the European Court of Human Rights, the European Parliament, the European Commission, the European Council, and the Court of Justice of the European Union.

Distinguish the roles of the Council of Europe, the European Commission, the European Parliament, the European Council, the CJEU, and the European Court of Human Rights. Apply this knowledge to identify which body issues rulings, proposes legislation, or enforces the ECHR.

CJEUEuropean CommissionCouncil of EuropeECHR

Practice question for this objective

Free sampleIntroduction to European Data Protectioneasy

An individual believes a member state's surveillance practices breach the right to respect for private life guaranteed by the European Convention on Human Rights. After exhausting domestic remedies, which court is designed to hear that complaint?

  • AThe Court of Justice of the European Union, which rules on the interpretation and validity of Union law
  • BThe European Commission, which monitors member states' compliance with Union obligations
  • CThe European Court of Human Rights, which adjudicates alleged breaches of the European Convention on Human Rights Correct
  • DThe European Parliament, which can investigate matters of concern to Union citizens
Identify the European Court of Human Rights as the body that hears complaints alleging breaches of the European Convention on Human Rights. The ECtHR is the Council of Europe court that rules on individual and state applications alleging a contracting state has violated the Convention, including the right to respect for private and family life.

Why A is wrong: The CJEU is tempting because it handles fundamental rights within Union law, but it does not adjudicate complaints brought directly under the European Convention on Human Rights.

Why B is wrong: The Commission can pursue states for breaching Union law, but it is not a court and does not hear Convention complaints from individuals.

Why C is correct: The ECtHR, a Council of Europe court in Strasbourg, hears applications alleging that a contracting state has breached rights under the Convention, such as the Article 8 privacy right.

Why D is wrong: Parliament may run inquiries and receive petitions, but it is a legislative body and cannot deliver binding judgments on Convention breaches.

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