Accession Of The European Union To The European Convention On Human Rights

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The Accession Of The European Union To The European Convention On Human Rights

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Author : Johan Callewaert
language : en
Publisher: Council of Europe
Release Date : 2014-01-01

The Accession Of The European Union To The European Convention On Human Rights written by Johan Callewaert and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Political Science categories.

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

The Accession Of The European Union To The European Convention On Human Rights

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Author : Johan Callewaert
language : en
Publisher: Council of Europe
Release Date : 2014-12-01

The Accession Of The European Union To The European Convention On Human Rights written by Johan Callewaert and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Political Science categories.

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

The Accession Of The European Union To The European Convention On Human Rights

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Author : Paul Gragl
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01

The Accession Of The European Union To The European Convention On Human Rights written by Paul Gragl and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.

After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.

The Eu S Accession To The European Convention On Human Rights

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Author : Jed Odermatt
language : en
Publisher:
Release Date : 2014

The Eu S Accession To The European Convention On Human Rights written by Jed Odermatt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.

Article 6(2) of the Treaty on European Union establishes that the Union “shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms.” In early 2013, negotiators of the 47 Council of Europe member states and the European Union finalised a draft Accession Agreement that would allow the EU to accede to the Convention. In this article I examine the issues and challenges that EU accession poses from an international law perspective. Much of the literature on the EU accession has focused on the effect that this process will have on the EU legal order, including questions regarding its autonomy. Yet EU accession also raises important issues for international law. It is another example of an international organization taking part in a legal system designed exclusively for participation by state parties. To what extent should the EU participate on an equal footing with the other contracting parties, and when are special rules required to take into account the nature of the EU legal order? The article explores the broader issues that arise when the EU seeks to participate in its own right in the international legal order. It is submitted that the EU's accession to the ECHR is not only an important step for the EU legal order, but also a highly significant development for public international law.

The European Convention On Human Rights And The Employment Relation

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Author : Filip Dorssemont
language : en
Publisher: A&C Black
Release Date : 2014-07-18

The European Convention On Human Rights And The Employment Relation written by Filip Dorssemont and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Parallelt Bers Des Autors The Accession Of The European Union To The European Convention On Human Rights

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Author : Paul Gragl
language : en
Publisher:
Release Date : 2012

Parallelt Bers Des Autors The Accession Of The European Union To The European Convention On Human Rights written by Paul Gragl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.

protection established by the ECHR.

The Eu Accession To The Echr

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Author : Vasiliki Kosta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

The Eu Accession To The Echr written by Vasiliki Kosta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

The Accession Of The European Communities To The European Convention On Human Rights

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Author : International Commission of Jurists (1952- )
language : en
Publisher:
Release Date : 1993

The Accession Of The European Communities To The European Convention On Human Rights written by International Commission of Jurists (1952- ) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.

Human Rights In The European Union

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Author : Irma Zulić
language : en
Publisher:
Release Date : 2013

Human Rights In The European Union written by Irma Zulić and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.

The European Union Accession To The European Convention On Human Rights As A Plausible Means To Enhance The Legitimacy Of The Eu

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Author : Aleksandra Musielak
language : en
Publisher:
Release Date : 2012

The European Union Accession To The European Convention On Human Rights As A Plausible Means To Enhance The Legitimacy Of The Eu written by Aleksandra Musielak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.

The aim of this thesis is to demonstrate that the EU accession to the European Convention on Human Rights is a promising way to improve the legitimacy of the supranational regime, provided that accession is organised in a well-considered and effective manner. My work tries to find, at least partial, resolution to the problem of the erosion of the EU authority, and is based on the underlying presumption that human rights substantially contribute to the successful functioning of the European polity. Understanding of the human rights environment in the EU is therefore crucial to find remedies to the lack of credibility in its exercise of power. For this reason the EU Human Rights Policy, in its internal realm, in particular the normative-judicial, monitoring, enforcement, and promotion components of the Policy, are examined in great detail. The identified flaws and insufficiencies, regarding both the design and implementation of the Policy in question, lend weight to the view that only a serious, comprehensive, and feasible plan for the reform of the Policy on human rights can provide an answer to the legitimacy problem at the supranational level of governance. But how is this objective best achieved? In this context, the proposal for the EU accession to the ECHR should be understood as a plausible means to rectify the shortcomings of the EU Human Rights Policy, and thus improve its image of the Union as a credible and powerful actor in European affairs. The proposal put forward in this work outlines principles which should govern the human rights reform of the EU and how they should be translated into practical terms. My research is therefore an invitation to a discussion about the role of the European Union, its orientation towards human rights, and its aspirations for the future.