Syndetics cover image
Image from Syndetics

The accession of the European Union to the European Convention on Human Rights / Paul Gragl

By: Material type: TextTextSeries: Modern studies in European law ; 39Publication details: Oxford Hart 2013Description: xxviii, 333 sISBN:
  • 978-1-84946-460-4
Subject(s): DDC classification:
  • 341.048094 23/swe
Other classification:
  • Oc.01-ae
Contents:
"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 (...) 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."--Publisher
Part I. Introduction -- a tale of two courts -- Part II. The autonomy of European Union law versus international law and courts -- Part III. The road from Luxembourg to Strasbourg : reconciling accession and autonomy -- Part IV. Conclusions and outlook
Holdings
Item type Current library Collection Call number Status Date due Barcode Item holds
Bok Almedalsbiblioteket Vuxen Oc Available 80049234008
Total holds: 0

"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 (...) 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."--Publisher

Part I. Introduction -- a tale of two courts -- Part II. The autonomy of European Union law versus international law and courts -- Part III. The road from Luxembourg to Strasbourg : reconciling accession and autonomy -- Part IV. Conclusions and outlook

Powered by Koha