The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights.<br /><br />Th
The EU Accession to the ECHR: Between Luxembourg’s Search for Autonomy and Strasbourg’s Credibility on Human Rights Protection
✍ Scribed by Fisnik Korenica (auth.)
- Publisher
- Springer International Publishing
- Year
- 2015
- Tongue
- English
- Leaves
- 481
- Edition
- 1
- Category
- Library
No coin nor oath required. For personal study only.
✦ Synopsis
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.
✦ Table of Contents
Front Matter....Pages i-xix
Front Matter....Pages 1-1
Introduction to the Book....Pages 3-34
EU Becoming a Human Rights Law Organization: Starting from Nowhere with a ‘gouvernment des juges’....Pages 35-70
EU Law Autonomy: Where Does the Viewpoint for ‘Competition’ of Luxembourg Start From?....Pages 71-85
Front Matter....Pages 87-87
A New Start for the Accession of the EU to the ECHR....Pages 89-132
Status of ECHR and DAA in EU Legal Order....Pages 133-161
Attribution of Liability Under the Co-respondent Mechanism....Pages 163-239
Inter-Party Mechanism and the EU: Possible Implications from the Strasbourg’s Jurisdiction?....Pages 241-294
EU Prior-Involvement Review....Pages 295-353
Front Matter....Pages 355-355
Testing the Co-respondent Mechanism from the Strasbourg Court’s Perspective: Three Distinctive Cases with Three Distinctive Scenarios....Pages 357-377
Admissibility Before the Strasbourg Court: An Outlook on the EU-Law-Originated Applications....Pages 379-403
Front Matter....Pages 405-405
Before the Conclusion: Luxembourg Court’s Opinion 2/13 on the DAA’s Compatibility with the EU Treaties....Pages 407-426
An Overall Conclusion....Pages 427-438
Back Matter....Pages 439-471
✦ Subjects
European Law; Sources and Subjects of International Law, International Organizations; Human Rights
📜 SIMILAR VOLUMES
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 t
Article 6 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 Lisbon Treaty opens the way for accession. This represents a major change in the relationship between two organizations that have cooperate
<em>Latin America's Multicultural Movements</em> is a collection of empirically-based chapters that advance debates over the struggle between communitarianism, autonomy, and human rights. Assembling some of the most eminent scholars of Latin America, it presents an impressive range of views on mult
With a foreword by Noam Chomsky, this is the most up-to-date critical analysis of the problems faced by the Kurds in Turkey. Turkey has a long history of human rights abuses against its Kurdish population – a population that stretches into millions. This human rights record is one of the main stumbl
With a foreword by Noam Chomsky, this is the most up-to-date critical analysis of the problems faced by the Kurds in Turkey. <P>Turkey has a long history of human rights abuses against its Kurdish population – a population that stretches into millions. This human rights record is one of the main