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

Lock, T; (2010) EU Accession to the ECHR: Implications for Judicial Review in Strasbourg. EUR LAW REV , 35 (6) 777 - 798.

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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.

Type:Article
Title:EU Accession to the ECHR: Implications for Judicial Review in Strasbourg
Keywords:Accession, Competence, EU law, European Court of Human Rights, European Court of Justice, European Union, Human rights, Member States, Treaties
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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