By Paul Gragl
After greater than 30 years of dialogue, negotiations among the Council of Europe and the eu Union at the EU's accession to the eu conference on Human Rights (ECHR) have ended in a Draft Accession contract. it will enable the european to accede to the conference in the subsequent couple of years. for this reason, the european turns into topic to the exterior judicial supervision of a global treaty regime. contributors can be entitled to post functions, alleging that their basic rights were violated by means of felony acts rooted in european legislation, opposed to the european on to the Strasbourg courtroom. because the first finished monograph in this subject, this booklet examines the worries for the EU's criminal method with regards to accession and the query no matter if and the way accession and the method of human rights defense below the conference could be successfully reconciled with the autonomy of european legislations. The publication additionally takes into consideration how this goal may be attained with no jeopardizing the present method of person human rights defense below the conference. the most chapters care for: the felony prestige and rank of the conference and the Accession contract inside of ecu legislation after accession * the exterior evaluation of european legislation through Strasbourg and the aptitude subordination of the Luxembourg courtroom * the way forward for person functions and the so-called co-respondent mechanism * the felony association of inter-party circumstances after accession and the presumable conflict of jurisdictions among Strasbourg and Luxembourg * the interaction among the Convention's subsidiarity precept (the exhaustion of neighborhood treatments) and the previous involvement of the Luxembourg court docket in EU-related instances. The research awarded comes at a very important aspect within the background of eu human rights legislations, supplying a holistic and certain enquiry into the EU's accession to the ECHR and the way this flow might be reconciled with the autonomy of european legislation. (Series: sleek reviews in ecu legislation - Vol. 39)
Read Online or Download The Accession of the European Union to the European Convention on Human Rights PDF
Best constitutional law books
The Migration of Constitutional Ideas
The migration of constitutional principles throughout jurisdictions is likely one of the principal beneficial properties of latest constitutional perform. The expanding use of comparative jurisprudence in examining constitutions is one instance of this. during this 2007 ebook, major figures within the examine of comparative constitutionalism and comparative constitutional politics from North the United States, Europe and Australia speak about the dynamic tactics wherein constitutional structures effect one another.
Economics, Law and Individual Rights
This is often the 1st e-book to check person rights from an financial viewpoint, accumulating jointly prime articles during this rising niche and displaying the colourful and increasing scholarship that relates them. components coated contain - the results of constitutional protections of person rights and freedoms, together with freedom of speech and of the clicking, - the fitting to endure fingers, - the perfect opposed to unreasonable searches, - definitely the right opposed to self-incrimination, - the suitable to trial via jury, - the correct opposed to merciless and strange punishment, together with capital punishment.
Understanding the European Constitution: An Introduction to the EU Constitutional Treaty
The ecu Union is now coming into a vital section because the ratification approach speeds up and key debates and referenda ensue in latest and probably new member states. The Union’s Constitutional treaty is usually solid as both a blueprint for a centralized and protectionist super-state or because the triumph of Anglo-Saxon economics.
Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Curiosity in constitutionalism and within the dating between constitutions, nationwide identification, and ethnic, non secular, and cultural range has soared because the cave in of socialist regimes in jap Europe and the previous Soviet Union. considering that international battle II there has additionally been a proliferation of recent constitutions that range in numerous crucial respects from the yank structure.
- Wirtschaftsverfassung und Binnenmarkt: Festschrift für Heinz-Peter Rill zum 70. Geburtstag (German Edition)
- Historical Encyclopedia of U.S. Independent Counsel Investigations
- The English Judges: Their Role in the Changing Constitution
- Constitutional Review and Democracy (Democracy and the Rule of Law)
Extra info for The Accession of the European Union to the European Convention on Human Rights
Sample text
32 See Tobias Lock, ‘Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order’ (2011) 48 Common Market Law Review 1025, 1028. Accession and Automomy 9 understood at this point that the accession of one international organisation (the European Union) to another international treaty regime (the Convention) and its judicial enforcement machinery (the Strasbourg Court) represents an unprecedented step in the history of international law. Under these special circumstances, several legal problems and challenges are expected to arise, especially in the light of the EU’s prominent legal autonomy.
Declaration on Article 6 (2) of the Treaty on European Union [2010] OJ C83/335, 3. 29 See Jonas Christoffersen, Institutional Aspects of the EU’s Accession to the ECHR. European Parliament, Committee on Constitutional Affairs, Hearing on the Institutional Aspects of the European Union’s Accession to the European Convention on Human Rights, 18 March 2010, 2. 30 See Gragl, ‘Accession Revisited’ (n 26) 160f. 31 See, eg Olivier De Schutter, L’adhésion de l’Union européenne à la Convention européenne des droits de l’homme: feuille de route de la négociation.
16 See Commission of the European Communities, ‘Memorandum on the Accession of the European Communities to the Convention for the Protection of Human Rights and Fundamental Freedoms’ Bulletin Supplement 2/79, COM (79) 210 final, para 15. 17 See Commission of the European Communities, ‘Memorandum from the Commission to the Working Group’ SEC (93) 1678. See also Jacqué, ‘Accession’ (n 11) 1001f. 18 See Opinion 2/94 Accession by the Community to the European Convention for the Protection of Human Rights and Fundamental Freedoms [1996] ECR I-1759, para 36.