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Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue: Autonomy or Autarky?

Eeckhout, PO; (2015) Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue: Autonomy or Autarky? Fordham International Law Journal , 38 (4) pp. 955-992. Green open access

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Abstract

In Opinion 2/13 the CJEU finds a series of flaws in the draft Accession Agreement to the ECHR, which revolve around safeguarding the autonomy of EU law as well as its own jurisdiction. This paper first develops a basic normative framework for assessing the Opinion. That framework focuses on the concept of judicial dialogue, and seeks to establish an agreeable understanding of what dialogue between the CJEU and the ECtHR, post-accession, ought to involve. The paper subsequently develops a critique of Opinion 2/13, challenging the CJEU's understanding of EU law autonomy and issues of jurisdiction.

Type: Article
Title: Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue: Autonomy or Autarky?
Location: United States
Open access status: An open access version is available from UCL Discovery
Publisher version: http://fordhamilj.org/current-issue/law-journal-ar...
Language: English
Additional information: This is the Author's Accepted Manuscript of an article which was first published in the Fordham International Law Journal. The final published version can be found at the following address: http://fordhamilj.org/current-issue/law-journal-archive/
Keywords: European Union Law, Human Rights, European Convention on Human Rights
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1470148
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