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EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg

Lock, TS (2010) EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg European Law Review, 35 (6). 777 - 798. ISSN 0307-5400

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Abstract

The accession of the European Union to the ECHR raises fundamental questions surrounding the protection of individual rights in the Strasbourg court and the autonomy of EU law. It is argued that any solution should ensure an effective protection for the individual applicant. Thus the appropriate respondent in Strasbourg should be the party which has acted in the concrete case as it can be easily identified. The European Union’s autonomy can be preserved by allowing it to join as a co-respondent. Since the individual has no influence over whether a national court makes a reference under art.267 TFEU, the lack of such a reference should not lead to the inadmissibility of the complaint.

Item Type: Article
Additional Information: © 2010 Thomson Reuters (Legal) Limited and Contributors. Reproduced here with permission of the publishers.
Divisions: Faculty of Business, Economics and Law > Law
Depositing User: Symplectic Elements
Date Deposited: 20 Jul 2012 13:52
Last Modified: 23 Sep 2013 19:16
URI: http://epubs.surrey.ac.uk/id/eprint/266016

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