The EU Accession to the ECHR

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

Authors: Korenica, Fisnik

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  • A unique contribution in this novel field of law
  • Offers an extraordinary perspective on the developing legal pluralism in Europe
  • Includes a reader-friendly introduction and theoretical background on how the relationship between these two regimes of law has gradually developed on the European continent
  • Presents an in-depth examination of the draft accession agreement from comparative perspectives of global law and international jurisdictions
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eBook 93,08 €
price for Spain (gross)
  • ISBN 978-3-319-21759-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 114,39 €
price for Spain (gross)
Softcover 114,39 €
price for Spain (gross)
About this book

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.

Table of contents (12 chapters)

Table of contents (12 chapters)

Buy this book

eBook 93,08 €
price for Spain (gross)
  • ISBN 978-3-319-21759-8
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 114,39 €
price for Spain (gross)
Softcover 114,39 €
price for Spain (gross)
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Bibliographic Information

Bibliographic Information
Book Title
The EU Accession to the ECHR
Book Subtitle
Between Luxembourg’s Search for Autonomy and Strasbourg’s Credibility on Human Rights Protection
Authors
Copyright
2015
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-21759-8
DOI
10.1007/978-3-319-21759-8
Hardcover ISBN
978-3-319-21758-1
Softcover ISBN
978-3-319-37382-9
Edition Number
1
Number of Pages
XIX, 471
Number of Illustrations
1 b/w illustrations, 5 illustrations in colour
Topics