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    EU Accession to the ECHR: Implications for Judicial Review in Strasbourg


    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
    URI:

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