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mobi - The accession of the European Union to the European Convention on Human Rights

mobi - The accession of the European Union to the European Convention on Human Rights (2014)

Johan Callewaert

ISBN 978-92-871-8011-7
Type of document : Book
Format : mobi
Size : 1.16 MB
Language : English
Number of pages : 107

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Price : 7,50 € / $15.00

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mobi - The accession of the European Union to the European Convention on Human Rights

mobi - The accession of the European Union to the European Convention on Human Rights

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

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Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Contents

TERMINOLOGY
FOREWORD
INTRODUCTION
CHAPTER I – REASONS FOR ACCESSION
          The problem: the European Union as the missing link
          Aims
          Context
CHAPTER II – MEANS OF ACCESSION
          Pre-condition: the legal basis
          Negotiations
          Stipulations
          Choices made
CHAPTER III – EFFECTS OF ACCESSION
          The Convention in EU law
          New type of case falling within the jurisdiction of the Court
          The presumption of equivalence
          Harmony between the Convention and EU law: from the substance to the effects of rights
APPENDIX
Draft agreement on the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms

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