The Eu Accession To The Echr
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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 Eu Accession To The Echr
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Author : Fisnik Korenica
language : en
Publisher: Springer
Release Date : 2015-08-25
The Eu Accession To The Echr written by Fisnik Korenica and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-25 with Law categories.
This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.
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 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 European Court Of Justice Blocks The Eu S Accession To The Echr
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Author : Adam Łazowski
language : en
Publisher:
Release Date : 2015
The European Court Of Justice Blocks The Eu S Accession To The Echr written by Adam Łazowski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
The goal of accession to the European Convention of Human Rights (ECHR) is to place the EU under the external oversight of the specialised court in Strasbourg. But in its Opinion of 18 December 2014 the Luxembourg-based European Court of Justice ruled that the draft accession agreement is not compatible with the EU treaties. In this commentary the authors argue that this would force EU member states to renegotiate the terms of accession to the ECHR. But meeting the demands made by the Court of Justice will prove to be very difficult.--Publisher description
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.
Eu S Accession To The Echr
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Author : AnnMarie Friberg
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2011-09
Eu S Accession To The Echr written by AnnMarie Friberg and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09 with Human rights categories.
The importance and status of human rights have been re-emphasized in the Treaty of Lisbon and the old debates on accession of the EU to the ECHR have been clarified. In 2009 the Treaty of Lisbon entered into force supplying a legal requirement for the Union to accede. The route to a complete accession was paved by the entry into force of Protocol no. 14 to the ECHR acknowledging EU's right to accede and thus opening up for accession by altering prior rigid requirements. With the accession just around the corner more issues arises. Looking into the future there seem to be very little doubt that the EU will accede although it does not look like the shift is going to be as easy and trouble free as wished for. No matter how far along the process has come, complete accession is still in the future and the process seems to become more onerous and time-consuming than expected.
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.
The Eu Accession To The Echr Modern Studies In European Law
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Author : Vasiliki Kosta
language : en
Publisher:
Release Date : 2014
The Eu Accession To The Echr Modern Studies In European Law written by Vasiliki Kosta 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.
