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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.
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.
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