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Lock, Tobias (2010) EU Accession to the ECHR: Implications for Judicial Review in Strasbourg. European Law Review, 35. pp. 777-798. ISSN 0307-5400
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Abstract
The accession of the European Union to the ECHR raises fundamental questions surrounding the protection
of individual rights in the Strasbourg court and the autonomy of EU law. It is argued that any solution
should ensure the effective protection of the individual applicant. Thus the appropriate respondent in
Strasbourg should be the party which has acted in the concrete case as it can be easily identified. The
European Union’s autonomy can be preserved by allowing it to join as a co-respondent. Since the individual
has no influence over whether a national court makes a reference under art.267 TFEU, the lack of such
a reference should not lead to the inadmissibility of the complaint.
| Item Type: | Article |
|---|---|
| Keywords: | Accession; Competence; EU law; European Court of Human Rights; European Court of Justice; European Union; Human rights; Member States; Treaties; |
| Academic Unit: | Faculty of Social Sciences > Law |
| Item ID: | 11830 |
| Depositing User: | Tobias Lock |
| Date Deposited: | 22 Nov 2019 16:08 |
| Journal or Publication Title: | European Law Review |
| Publisher: | Sweet and Maxwell |
| Refereed: | Yes |
| Related URLs: | |
| URI: | https://mu.eprints-hosting.org/id/eprint/11830 |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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