The Accession of the European Union to the European Convention on Human RightsBloomsbury Publishing, 1. okt. 2014 - 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
The Judgment of the Court of Justice of the European | |
The Court of Justice of the European Union | |
Obsolete Concerns or Autonomy at Risk? | |
THE ROAD FROM LUXEMBOURG TO STRASBOURG | |
A Hierarchy of Courts? | |
Introducing | |
Interim Conclusions | |
InterParty Cases after Accession | |
The Exhaustion of Domestic Remedies and the Prior | |
Revisiting | |
Druge izdaje - Prikaži vse
The Accession of the European Union to the European Convention on Human Rights Paul Gragl Omejen predogled - 2013 |
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
accede Al Barakaat alleged violation amended Article 19 Article 344 TFEU Article 35 Bosphorus Charter of Fundamental ChFR CJEU CJEU’s co-respondent mechanism conflict Constitutional Convention on Human Convention’s Council of Europe Court of Justice decision dispute settlement division of competences domestic law Draft Accession Agreement ECHR ECtHR edn Munich EU law EU’s legal European Commission European Convention European Court European Parliament European Union law European Union’s legal exclusive jurisdiction external Fundamental Freedoms fundamental rights protection Grundrechte high contracting parties human rights protection ibid infringement inter-party international agreement international court international law interpret and apply judgment Lavranos legal acts legal system Lock Luxembourg Court Member national courts obligations Opinion paras preliminary ruling primary law principle prior involvement procedure proceedings Protection of Human Protocol provisions question responsible Rights and Fundamental Rudolf Geiger Strasbourg Court Tightrope Treaty of Lisbon UNCLOS Union’s legal autonomy Union’s legal order United Kingdom