Format:
1 Online-Ressource (xxviii, 333 Seiten)
ISBN:
9781474200097
Series Statement:
Modern studies in European law v. 39
Content:
PART I: INTRODUCTION-A TALE OF TWO COURTS -- 1. Setting the Scene for Accession -- I. The EU and the European Convention on Human Rights -- II. Accession and Autonomy: The Research Question of this Book -- III. A Caveat on Legal Definitions -- 2. Scope of this Book -- I. A Survey of the Status Quo -- II. The Shape of Things to Come -- III. Conclusions and Outlook -- PART II: THE AUTONOMY OF EUROPEAN UNION LAW VERSUS INTERNATIONAL LAW AND COURTS -- 3. The Notion of Legal Autonomy -- I. The Legal Framework: The CJEU's Exclusive Jurisdiction -- II. Accession and Autonomy: Justifi ed Concerns or Much Ado about Nothing? -- III. The Union's Legal Autonomy and International Law -- 4. The EU and International Courts and Tribunals -- I. European Union Law at Risk: The CJEU and the EEA Court -- II. Competing Jurisdictions: The MOX Plant Case -- III. Legal Analysis -- 5. A Special Case: The Court of Justice of the European Union and the European Court of Human Rights -- I. The Convention and the EU: A View from Luxembourg -- II. Violations of the Convention by EU Law: The Strasbourg Perspective -- III. Opinion 2 -- 94: Obsolete Concerns or Autonomy at Risk? -- 6. The EU, International Law and International Courts: An Anticipating Assessment for Accession -- I. Lessons of the Past -- II. Questions for the Future -- PART III: THE ROAD FROM LUXEMBOURG TO STRASBOURG: RECONCILING ACCESSION AND AUTONOMY -- 7. The Status of the Accession Agreement and the Convention after Accession -- I. The Legal Basis: Article 218 TFEU and the Court of Justice -- II. The Need for an Accession Agreement -- III. The Status of the Convention and the Agreement in EU Law -- IV. Interim Conclusions -- 8. External Review by Strasbourg: A Hierarchy of Courts? -- I. External Review vs Autonomy: The Legal Issue Situated -- II. A Binding Interpretation of Union Law by Strasbourg? -- III. European Union Law in Violation of the Convention -- IV. Interim Conclusions -- 9. Individual Applications after Accession: Introducing the Co-Respondent Mechanism -- I. Individual Applications: Core of the Convention -- II. Identifying the Right Respondent after Accession -- III. Interim Conclusions -- 10. Inter-Party Cases after Accession -- I. Inter-State Cases: A Reminiscence of Westphalia -- II. The Internal Dimension: Luxembourg versus Strasbourg -- III. The External Dimension: The European Union as a Human Rights Litigator in Europe? -- IV. Interim Conclusions -- 11. The Exhaustion of Domestic Remedies and the Prior Involvement of the Luxembourg Court -- I. The 'Exhaustion Rule' after Accession -- II. Direct and Indirect Actions -- III. The Solution of the Draft Accession Agreement -- IV. Interim Conclusions -- PART IV: CONCLUSIONS AND OUTLOOK -- 12. The Analytical Point of Departure: Revisiting and Answering the Research Question -- 13. The Prerequisites and Consequences of Accession: A Summary of Findings -- I. The Importance of the Autonomy Principle -- II. Legal Interfaces between Accession and Autonomy -- 14. Outlook and Future Perspectives
Content:
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. As the first comprehensive monograph on this topic, 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. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law
Additional Edition:
ISBN 9781849464604
Additional Edition:
Erscheint auch als Druck-Ausgabe Gragl, Paul The accession of the European Union to the European Convention on Human Rights Oxford [u.a.] : Hart, 2013 ISBN 9781849464604
Language:
English
Subjects:
Law
Keywords:
Europäische Menschenrechtskonvention
;
Europäische Union
;
Mitgliedsstaaten
;
Menschenrecht
DOI:
10.5040/9781474200097
URL:
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