Lock, Tobias (2025) Implications of the Revised Draft EU Accession Agreement for the echr. European Convention on Human Rights Law Review, 6. pp. 1-37. ISSN 2666-3228
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Abstract
This article explores the implications of the EU's accession to the echr from the echr perspective based on the revised Draft Accession Agreement (daa 2023). The article analyses key procedural innovations in the daa 2023, notably how the co-respondent mechanism, the prior involvement of the cjeu, and the daa's solutions for advisory opinion requests and for dealing with the EU law concept of mutual trust would work. It exposes the EU's new role as a gatekeeper in relation to certain procedural questions. The article further contrasts the position of EU member states and non-EU member states post-accession by pointing out potential inconsistencies and assesses proposed solutions in light of their effectiveness and workability. The article suggests that, despite the considerable concessions made to the EU, EU accession to the echr would nonetheless result in a strengthening of the echr system and is thus worth the effort and compromises.
Item Type: | Article |
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Keywords: | EU; accession; echr; ECtHR; co-respondent; prior involvement; non-EU; member states |
Academic Unit: | Centre for European and Eurasian Studies Faculty of Social Sciences > Law |
Item ID: | 19914 |
Identification Number: | 10.1163/26663236-bja10115 |
Depositing User: | Tobias Lock |
Date Deposited: | 28 May 2025 09:23 |
Journal or Publication Title: | European Convention on Human Rights Law Review |
Publisher: | Brill Academic Publishers |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19914 |
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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