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The Resource The EU accession to the ECHR : between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection, Fisnik Korenica

The EU accession to the ECHR : between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection, Fisnik Korenica

Label
The EU accession to the ECHR : between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection
Title
The EU accession to the ECHR
Title remainder
between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection
Statement of responsibility
Fisnik Korenica
Title variation
European Union accession to the European Convention on Human Rights
Title variation remainder
between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection
Creator
Author
Subject
Language
eng
Summary
"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 between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized." --Back Cover
Additional physical form
Also available on the Internet from the publisher's website
Cataloging source
OHX
http://library.link/vocab/creatorName
Korenica, Fisnik
Illustrations
illustrations
Index
no index present
LC call number
KJE5132
LC item number
.K674 2015
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Human rights
  • Human rights
  • Europe
Label
The EU accession to the ECHR : between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection, Fisnik Korenica
Instantiates
Publication
Copyright
Note
"This book is essentially the Ph.D. dissertation which I have defended before the Jury at Vrije Universiteit Brussels in March 2015." --Page xi
Bibliography note
Includes bibliographical references (pages 439-471)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • new start for the accession of the EU to the ECHR
  • Status of ECHR and DAA in EU legal order
  • Attribution of liability under the co-respondent mechanism
  • Inter-party mechanism and the EU : possible implications from the Strasbourg's jurisdiction?
  • EU prior-involvement review
  • Part III. A
  • Strasbourg Perspective on Applications of EU-Law Origin
  • Testing the co-respondent mechanism from the Strasbourg Court's perspective : three distinctive cases with three distinctive scenarios
  • Admissibility before the Strasbourg Court : an outlook on the EU-law-originated applications
  • Part IV.
  • Part I. The
  • Approaching the Final "Station"
  • Before the conclusion : Luxembourg Court's Opinion 2/13 on the DAA's compatibility with the EU treaties
  • An overall conclusion
  • EU as a Sui Generis Human Rights Law Organization : Situating the Roots of the Accession Question
  • Introduction to the book
  • EU becoming a human rights law organization : starting from nowhere with a "gouvernment des juges"--
  • EU law autonomy : where does the viewpoint for "competition" of Luxembourg start from?
  • Part II. The
  • Draft Accession Agreement of the EU Accession to the ECHR : An Examination of the Central Mechanisms in Light of EU Law Pecularities
  • A
Control code
922972302
Dimensions
25 cm
Extent
xix, 471 pages
Isbn
9783319217581
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other control number
9783319217581
Other physical details
illustrations (some color)
System control number
(OCoLC)922972302
Label
The EU accession to the ECHR : between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection, Fisnik Korenica
Publication
Copyright
Note
"This book is essentially the Ph.D. dissertation which I have defended before the Jury at Vrije Universiteit Brussels in March 2015." --Page xi
Bibliography note
Includes bibliographical references (pages 439-471)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • new start for the accession of the EU to the ECHR
  • Status of ECHR and DAA in EU legal order
  • Attribution of liability under the co-respondent mechanism
  • Inter-party mechanism and the EU : possible implications from the Strasbourg's jurisdiction?
  • EU prior-involvement review
  • Part III. A
  • Strasbourg Perspective on Applications of EU-Law Origin
  • Testing the co-respondent mechanism from the Strasbourg Court's perspective : three distinctive cases with three distinctive scenarios
  • Admissibility before the Strasbourg Court : an outlook on the EU-law-originated applications
  • Part IV.
  • Part I. The
  • Approaching the Final "Station"
  • Before the conclusion : Luxembourg Court's Opinion 2/13 on the DAA's compatibility with the EU treaties
  • An overall conclusion
  • EU as a Sui Generis Human Rights Law Organization : Situating the Roots of the Accession Question
  • Introduction to the book
  • EU becoming a human rights law organization : starting from nowhere with a "gouvernment des juges"--
  • EU law autonomy : where does the viewpoint for "competition" of Luxembourg start from?
  • Part II. The
  • Draft Accession Agreement of the EU Accession to the ECHR : An Examination of the Central Mechanisms in Light of EU Law Pecularities
  • A
Control code
922972302
Dimensions
25 cm
Extent
xix, 471 pages
Isbn
9783319217581
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Other control number
9783319217581
Other physical details
illustrations (some color)
System control number
(OCoLC)922972302

Library Locations

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      32.771471 -117.187496
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