The EU Accession to the ECHR Between Luxembourg’s Search for Autonomy and Strasbourg’s Credibility on Human Rights Protection /
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 t...
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| Format: | Electronic eBook |
| Language: | English |
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Cham :
Springer International Publishing : Imprint: Springer,
2015.
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| Edition: | 1st ed. 2015. |
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| Online Access: | Full Text via HEAL-Link |
Table of Contents:
- Part I: The EU as a Sui Generis Human Rights Law Organization: Situating the Roots of the Accession Question: 1. Introduction to the Book
- 2. EU Becoming a Human Rights Law Organization: Starting from Nowhere with a ‘Gouvernment des Juges’
- 3. EU Law Autonomy: Where Does the Viewpoint for ‘Competition’ of Luxembourg Start from?
- Part II: The Draft Accession Agreement of the EU Accession to the ECHR: an Examination of the Central Mechanisms in Light of EU Law Peculiarities
- 4. A New Start for the Accession of the EU to the ECHR
- 5. Status of ECHR and DAA in EU Legal Order
- 6. Attribution of Liability Under the Co-respondent Mechanism
- 7. Inter-Party Mechanism and the EU: Possible Implications from the Strasbourg’s Jurisdiction?
- 8. EU Prior Involvement Review
- Part III: A Strasbourg Perspective on Applications of EU Law Origin
- 9. Testing the Co-respondent Mechanism from the Strasbourg Court Perspective: Three Distinctive Cases with Three Distinctive Scenarios
- 10. Admissibility Before the Strasbourg Court: An Outlook on the EU Law Originated Applications
- Part IV: Approaching the Final ‘Station’
- 11. Before the Conclusion: Luxembourg Court’s Opinion 2/13 on the DAA’s Compatibility with the EU Treaties
- 12. An Overall Conclusion.
