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Implications of EU Accession to the European Convention on Human Rights for the Law of International Responsibility

Sarvarian, A (2014) Implications of EU Accession to the European Convention on Human Rights for the Law of International Responsibility In: The EU Accession to the ECHR. Modern Studies in European Law (7). Hart Publishing, pp. 87-103. ISBN 9781849465236

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Abstract

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.

Item Type: Book Section
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
Sarvarian, AUNSPECIFIEDUNSPECIFIED
Date : 1 February 2014
Related URLs :
Additional Information : Copyright 2014 Hart Publishing. Full text may be available at a later date.
Depositing User : Symplectic Elements
Date Deposited : 13 May 2015 09:18
Last Modified : 13 May 2015 13:33
URI: http://epubs.surrey.ac.uk/id/eprint/807568

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