The Accession of the European Union to the European Convention on Human Rights
Paul Gragl - Hart Publishing Limited, 2013
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After more than 30 years of discussion,
negotiations between the Council of Europe and the European Union on the EU's
accession to the European Convention on Human Rights (ECHR) have resulted in a
Draft Accession Agreement. This will allow the EU to accede to the Convention
within the next couple of years. As a consequence, the EU will become subject to
the external judicial supervision of an international treaty regime. Individuals
will also be entitled to submit applications, alleging that their fundamental
rights have been violated by legal acts rooted in EU law, against the EU
directly to the Strasbourg Court. As the first comprehensive monograph on this
topic, this book examines the concerns for the EU's legal system in relation to
accession and the question whether and how accession and the system of human
rights protection under the Convention can be effectively reconciled with the
autonomy of EU law. The book also takes into account how this objective can be
attained without jeopardizing the current system of individual human rights
protection under the Convention. The main chapters deal with: the legal status
and rank of the Convention and the Accession Agreement within EU law after
accession * the external review of EU law by Strasbourg and the potential
subordination of the Luxembourg Court * the future of individual applications
and the so-called co-respondent mechanism * the legal arrangement of inter-party
cases after accession and the presumable clash of jurisdictions between
Strasbourg and Luxembourg * the interplay between the Convention's subsidiarity
principle (the exhaustion of local remedies) and the prior involvement of the
Luxembourg Court in EU-related cases. The analysis presented comes at a crucial
point in the history of European human rights law, offering a holistic and
detailed enquiry into the EU's accession to the ECHR and how this move can be
reconciled with the autonomy of EU law. (Series: Modern Studies in European
Law)
