株式会社極東書店トップ商品一覧The EU Accession to the ECHR : Between Luxembourg's Search for Autonomy and Strasbourg's Credibility on Human Rights Protection.

商品詳細

The EU Accession to the ECHR

The EU Accession to the ECHR : Between Luxembourg's Search for Autonomy and Strasbourg's Credibility on Human Rights Protection. 欧州人権条約へのEUの加入

・ISBN 978-3-319-21758-1 hard EUR 99.99

¥26,726.- (税込) (※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。

お気に入り
著者・編者Korenica, Fisnik,
出版社(Springer, GW)
出版年月2015
ページ数456 pp.
言語ENG
ニュース番号<627-1374>

解説

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.