The EU accession to the ECHR

by Kosta, Vasiliki Skoutaris, Nikos Tzevelekos, Vassilis P.

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Title Statements

Full title :The EU accession to the ECHR / edited by Vasiliki Kosta, Nikos Skoutaris and Vassilis P. Tzevelekos.

Summary

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.

Edition Statements

Publication Date:2014.

Publication Statements

Publisher(s):Hart Publishing
Place of Publication:Oxford
Language:eng
Publication Date:2014.

Notes

"Based on papers presented at a two-day workshop organised by the University of Hull McCoubrey Centre for International Law and the Faculty ol Law of the University of Maastricht on 16-17 november 2013 at the University of Maastricht in Brusels."--pages [9].

The Physical Object

Description:1 online resource (xl, 361 pages) : : illustrations.

Edition Identifiers

ISBN:9781474202046, 1474202047
DOI:10.5040/9781474202046
oclc:on1154876952
LC Classification:KJE5132
Dewey Decimal:341.48094

Chapter 1: Introduction -- Vicky Kosta, Nikos Skoutaris, Vassilis Tzevelekos -- Part I: Institutional issues -- Chapter 2: Election of EU Judge onto the Strasbourg Court -- Andrew Drzemczewski -- Chapter 3: Too Many Voices? The Prior Involvement of the CJEU -- Aida Torres Pérez -- Chapter 4: The Right to Extra-Judicial Redress in EU Law after the EU's Accession to the ECHRs: Legal Framework, Challenges and the Question of the Prior Involvement of the CJEU -- Nikos Vogiatzis -- Part II: Issues of Attribution and Responsibility -- Chapter 5: The Accession Agreement as an Opportunity: Partition of Responsibility between the EU and its Member States -- Judge Giorgio Gaja, ICJ -- Chapter 6: A European Law of International Responsibility? The Articles on the Responsibility of International Organizations and the European Union -- Jean D'Aspremont, -- Chapter 7: United We Stand. The EU and its Member States in the Strasbourg Court -- Andrés Delgado Casteleiro -- Chapter 8: Consequences Under the Law of International Responsibility of the Accession of the European Union to the European Convention on Human Rights for Common Foreign and Security Policy Operations pursuant to UN Security Coun…

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