Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms
Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms
Author(s): Andrej StefanovićSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: European Union Law; Accession of the European Union to the European Convention of Human Rights; European Convention of Human Rights; Court of Justice of the European Union;European Court of Human Rights;
Summary/Abstract: This paper explores the subject of the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The long standing academic and practical discussion on the subject and the fact that an Accession Agreement has been drafted, entail the need for establishing certain conclusions with regard to interaction of fundamental rights system of the EU and the ECHR, as well as the place of the ECHR in the EU’s legal order, both in the pre-accession and the post-accession context. In order to thoroughly analyse the whole process, the author begins with examining the very nature and development of human rights law within the EU and the role the ECHR has had so far in shaping of this legal order. Furthermore, the author endeavours to assess all of these developments with regard to the principles of autonomy and supremacy of EU law.
Journal: Sui generis
- Issue Year: 2016
- Issue No: 3
- Page Range: 17-34
- Page Count: 18
- Language: English