The EU Accession to the ECHR

Between Luxembourg’s Search for Autonomy and Strasbourg’s Credibility on Human Rights Protection

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The EU Accession to the ECHR by Fisnik Korenica, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Fisnik Korenica ISBN: 9783319217598
Publisher: Springer International Publishing Publication: August 25, 2015
Imprint: Springer Language: English
Author: Fisnik Korenica
ISBN: 9783319217598
Publisher: Springer International Publishing
Publication: August 25, 2015
Imprint: Springer
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Springer International Publishing

Cover of the book Intelligent Technologies for Interactive Entertainment by Fisnik Korenica
Cover of the book Timing Performance of Nanometer Digital Circuits Under Process Variations by Fisnik Korenica
Cover of the book Zionism and the Biology of Jews by Fisnik Korenica
Cover of the book Phenomena and Computational Models of Non-Proportional Fatigue of Materials by Fisnik Korenica
Cover of the book The Ethics of Choosing Children by Fisnik Korenica
Cover of the book Climate Conflicts - A Case of International Environmental and Humanitarian Law by Fisnik Korenica
Cover of the book Universal Access in Human-Computer Interaction. Multimodality and Assistive Environments by Fisnik Korenica
Cover of the book Multinational Companies, Knowledge and Technology Transfer by Fisnik Korenica
Cover of the book The Poverty of Slavery by Fisnik Korenica
Cover of the book Using Risk Analysis for Flood Protection Assessment by Fisnik Korenica
Cover of the book Extended Abstracts Spring 2018 by Fisnik Korenica
Cover of the book Atlas of Head and Neck Endocrine Disorders by Fisnik Korenica
Cover of the book Perspectives in Lie Theory by Fisnik Korenica
Cover of the book Cognitive Wireless Networks by Fisnik Korenica
Cover of the book Econophysics of Agent-Based Models by Fisnik Korenica
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy