Un sfârșit fericit al poveștii celor două curți? Aderarea Uniunii Europene la Convenția Europeană a Drepturilor Omului și crearea sistemului european integrat de protecție a dreptului omului
A HAPPY ENDING FOR THE TWO COURTS’ TALE? THE ACCESSION OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE CREATION OF THE EUROPEAN INTEGRATED SYSTEM FOR HUMAN RIGHTS` PROTECTION

Summary/Abstract: The study has two parts. The first part analyzes the system developed in Europe after WWII for the protection of human rights, based on the interplay between three levels of jurisdiction: the two transnational legal orders newly established (the jurisdiction of human rights – the European Convention of Human Rights system and the jurisdiction of economic integration – the European Economic Community legal order) and the existing national legal orders. The European system of human rights protection took the form of the judicial dialogue between national courts, ECHR and ECJ, the working method was the conditional cooperation and the underlying doctrine was the equivalent protection. The result was an imperfect system of protection, characterized by overlaps and loopholes – “the crowded house”. The second part analyzes the attempt to give coherence and legal certainty to the European system for the protection of human rights, through the accession of the EU to the ECHR. The accession aims at striking a balance between the specific characteristics of EU law and the essential features of the Convention system. The legal architecture of the new cooperation model comprises innovative procedures, contained in the Draft Accession Agreement.

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