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The EU Accession to the ECHR (Paperback)
Loot Price: R1,651
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The EU Accession to the ECHR (Paperback)
Series: Modern Studies in European Law
Expected to ship within 10 - 15 working days
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Article 6 of the Treaty on European Union (TEU) provides that the
EU will accede to the system of human rights protection of the
European Convention on Human Rights (ECHR). Protocol No 9 in the
Treaty of Lisbon opens the way for accession. This represents a
major change in the relationship between two organisations that
have co-operated closely in the past, though the ECHR has hitherto
exercised only an indirect constitutional control over the EU legal
order through scrutiny of EU Member States. The accession of the EU
to the ECHR is expected to put an end to the informal dialogue, and
allegedly also competition between the two regimes in Europe and to
establish formal (both normative and institutional) hierarchies. In
this new era, some old problems will be solved and new ones will
appear. Questions of autonomy and independence, of attribution and
allocation of responsibility, of co-operation, and legal pluralism
will all arise, with consequences for the protection of human
rights in Europe. This book seeks to understand how relations
between the two organisations are likely to evolve after accession,
and whether this new model will bring more coherence in European
human rights protection. The book analyses from several different,
yet interconnected, points of view and relevant practice the draft
Accession Agreement, shedding light on future developments in the
ECHR and beyond. Contributions in the book span classic public
international law, EU law and the law of the ECHR, and are written
by a mix of legal and non-legal experts from academia and practice.
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