The Accession of the European Union to the European Convention on Human RightsBloomsbury Publishing, 20. jun. 2013 - 362 strani 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. |
Vsebina
| 3 | |
| 13 | |
Part II The Autonomy of European Union Law versus International Law and Courts | 17 |
3 The Notion of Legal Autonomy | 19 |
4 The EU and International Courts and Tribunals | 31 |
The Court of Justice of the European Union and the European Court of Human Rights | 50 |
An Anticipating Assessment for Accession | 82 |
Reconciling Accession and Autonomy | 87 |
10 InterParty Cases after Accession | 174 |
11 The Exhaustion of Domestic Remedies and the Prior Involvement of the Luxembourg Court | 209 |
Part IV Conclusions and Outlook | 257 |
Revisiting and Answering the Research Question | 259 |
A Summary of Findings | 261 |
14 Outlook and Future Perspectives | 278 |
Appendix | 281 |
| 312 | |
7 The Status of the Accession Agreement and the Convention after Accession | 89 |
A Hierarchy of Courts? | 113 |
Introducing the CoRespondent Mechanism | 138 |
Druge izdaje - Prikaži vse
The Accession of the European Union to the European Convention on Human Rights Paul Gragl Omejen predogled - 2014 |
The Accession of the European Union to the European Convention on Human Rights Paul Gragl Predogled ni na voljo - 2012 |
The Accession of the European Union to the European Convention on Human Rights Paul Gragl Predogled ni na voljo - 2013 |
Pogosti izrazi in povedi
action for annulment Al Barakaat alleged violation amended Article 19 Article 263 Article 267 TFEU Article 344 TFEU Article 35 Article 55 ECHR autonomy of European Bosphorus CJEU CJEU’s co-respondent mechanism Committee of Ministers Constitutional Convention on Human Council of Europe Court of Justice decision domestic courts domestic law domestic remedies Draft Accession Agreement ECHR ECtHR EU law EU's EU’s legal European Commission European Convention European Court European Economic Area European Parliament European Union law exclusive jurisdiction external Fundamental Freedoms fundamental rights High Contracting Parties Human Rights human rights protection ibid Implications for Judicial international court international law interpret and apply legal acts Lock Luxembourg Court Member national courts obligations Opinion paras preliminary ruling primary law prior involvement procedure Protection of Human Protocol provisions question responsible Rights and Fundamental Strasbourg Court Tightrope Treaty of Lisbon tribunal Union’s accession Union’s legal autonomy Union’s legal order United Kingdom