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 Mechanics of Biological Systems and Materials, Volume 4 by Fisnik Korenica
Cover of the book Psychiatry and Neuroscience Update by Fisnik Korenica
Cover of the book Just in Time Factory by Fisnik Korenica
Cover of the book The Cleveland Clinic Manual of Headache Therapy by Fisnik Korenica
Cover of the book Reliability is a New Science by Fisnik Korenica
Cover of the book The Presidentialisation of Political Parties in the Western Balkans by Fisnik Korenica
Cover of the book Meditation – Neuroscientific Approaches and Philosophical Implications by Fisnik Korenica
Cover of the book George Kennan on the Spanish-American War by Fisnik Korenica
Cover of the book Theory of Innovation by Fisnik Korenica
Cover of the book Mathematical Concepts by Fisnik Korenica
Cover of the book People, Place and Power on the Nineteenth-Century Waterfront by Fisnik Korenica
Cover of the book Time-Dependent CP Violation Measurements by Fisnik Korenica
Cover of the book Soft Robotics: Trends, Applications and Challenges by Fisnik Korenica
Cover of the book Research in Shape Analysis by Fisnik Korenica
Cover of the book Charge Dynamics in 122 Iron-Based Superconductors 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