书目名称 | The EU Accession to the ECHR |
副标题 | Between Luxembourg’s |
编辑 | Fisnik Korenica |
视频video | http://file.papertrans.cn/908/907935/907935.mp4 |
概述 | A unique contribution in this novel field of law.Offers an extraordinary perspective on the developing legal pluralism in Europe.Includes a reader-friendly introduction and theoretical background on h |
图书封面 |  |
描述 | .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 betw |
出版日期 | Book 2015 |
关键词 | Accession; Charter of Fundamental Rights; Council of Europe; ECHR; ECJ; EU; EU Commision (Opinion 2/13); Eu |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-21759-8 |
isbn_softcover | 978-3-319-37382-9 |
isbn_ebook | 978-3-319-21759-8 |
copyright | Springer International Publishing Switzerland 2015 |