Overview
- 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
- Includes supplementary material: sn.pub/extras
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Table of contents (12 chapters)
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Front Matter
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The EU as a Sui Generis Human Rights Law Organization: Situating the Roots of the Accession Question
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Front Matter
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The Draft Accession Agreement of the EU Accession to the ECHR: An Examination of the Central Mechanisms in Light of EU Law Pecularities
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Front Matter
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The Draft Accession Agreement of the EU Accession to the ECHR: An Examination of the Central Mechanisms in Light of EU Law Pecularities
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A Strasbourg Perspective on Applications of EU-Law Origin
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Front Matter
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Approaching the Final ‘Station’
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Front Matter
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Back Matter
Keywords
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.
Authors and Affiliations
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: Fisnik Korenica
DOI: https://doi.org/10.1007/978-3-319-21759-8
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-21758-1Published: 03 September 2015
Softcover ISBN: 978-3-319-37382-9Published: 22 October 2016
eBook ISBN: 978-3-319-21759-8Published: 25 August 2015
Edition Number: 1
Number of Pages: XIX, 471
Number of Illustrations: 1 b/w illustrations, 5 illustrations in colour
Topics: European Law, Sources and Subjects of International Law, International Organizations, Human Rights