The Accession of the European Union to the ECHR

The obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are s...

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发表在:Московский журнал международного права
主要作者: K. V. Entin
格式: 文件
语言:英语
出版: Moscow State Institute of International Relations (MGIMO) 2012-09-01
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在线阅读:https://www.mjil.ru/jour/article/view/478
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author K. V. Entin
author_facet K. V. Entin
author_sort K. V. Entin
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container_title Московский журнал международного права
description The obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are still going on, there is little doubt that they will be successful in the near future. The present article is dedicated to the analysis of the legal and political effects of the EU accession to the ECHR. In the first part of the article the author addresses the difficulties that the EU had to overcome in order to launch the negotiation process. The goals and objectives of the accession together with the probability of their attainment are examined in the second part. Finally, in the third part the author analyses the implications of some ECHR judgments for the functioning of the EU institutions and their impact upon the development of the EU law. The author is convinced that the ECHR judgment in the Menarini case will force the ECJ to substantially modify its approach to EU Competition law cases.
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spelling doaj-art-e2932644c6db4380beabd83be3edfb732025-10-10T11:40:31ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932012-09-010310812410.24833/0869-0049-2012-3-108-124424The Accession of the European Union to the ECHRK. V. Entin0National Research University “Higher School of Economics” (Moscow); Centre for Comprehensive European and International Studies of the Higher School of EconomicsThe obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are still going on, there is little doubt that they will be successful in the near future. The present article is dedicated to the analysis of the legal and political effects of the EU accession to the ECHR. In the first part of the article the author addresses the difficulties that the EU had to overcome in order to launch the negotiation process. The goals and objectives of the accession together with the probability of their attainment are examined in the second part. Finally, in the third part the author analyses the implications of some ECHR judgments for the functioning of the EU institutions and their impact upon the development of the EU law. The author is convinced that the ECHR judgment in the Menarini case will force the ECJ to substantially modify its approach to EU Competition law cases.https://www.mjil.ru/jour/article/view/478european unionechreu lawmenarinicompetition law
spellingShingle K. V. Entin
The Accession of the European Union to the ECHR
european union
echr
eu law
menarini
competition law
title The Accession of the European Union to the ECHR
title_full The Accession of the European Union to the ECHR
title_fullStr The Accession of the European Union to the ECHR
title_full_unstemmed The Accession of the European Union to the ECHR
title_short The Accession of the European Union to the ECHR
title_sort accession of the european union to the echr
topic european union
echr
eu law
menarini
competition law
url https://www.mjil.ru/jour/article/view/478
work_keys_str_mv AT kventin theaccessionoftheeuropeanuniontotheechr
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