Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Tobias Lock

doi:10.2139/ssrn.1685785

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Tobias Lock

School of Law

Research output: Working paper

Abstract

Chief among the many issues, which an accession of the EU to the ECHR, will raise, is the question of the appropriate respondent before the European Court of Human Rights in cases involving EU law. EU law is typically implemented by the Member States. Against whom should an individual address their individual complaint in a case where they argue that a violation of the ECHR can be found in EU law: the EU or the Member State? This paper discusses various options and proposals made in the wake of the negotiations, which started in July 2010. Both actions and omissions will be dealt with. It is argued that a solution must not only protect the autonomy of EU law but at the same time offer an effective remedy for the individual.

Original language	English
Publisher	University of Edinburgh, School of Law, Working Papers
Number of pages	37
DOIs	https://doi.org/10.2139/ssrn.1685785
Publication status	Published - 2010

Keywords / Materials (for Non-textual outputs)

EU
ECHR
accession
individual complaint
omissions
actions

Access to Document

10.2139/ssrn.1685785

Accession of the EU to the ECHR
© Lock, T. (2010). Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?. University of Edinburgh, School of Law, Working Papers. 10.2139/ssrn.1685785
Accepted author manuscript, 174 KB

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1685785

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?
Lock, T., 2012, The European Union after the Treaty of Lisbon. Ashiagbor, D., Countouris, N. & Lianos, I. (eds.). Cambridge University Press, p. 109-35
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review

Cite this

@techreport{4d8dd51bee234a94b06025921fee203d,

title = "Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?",

abstract = "Chief among the many issues, which an accession of the EU to the ECHR, will raise, is the question of the appropriate respondent before the European Court of Human Rights in cases involving EU law. EU law is typically implemented by the Member States. Against whom should an individual address their individual complaint in a case where they argue that a violation of the ECHR can be found in EU law: the EU or the Member State? This paper discusses various options and proposals made in the wake of the negotiations, which started in July 2010. Both actions and omissions will be dealt with. It is argued that a solution must not only protect the autonomy of EU law but at the same time offer an effective remedy for the individual.",

keywords = "EU, ECHR, accession, individual complaint, omissions, actions",

author = "Tobias Lock",

year = "2010",

doi = "10.2139/ssrn.1685785",

language = "English",

publisher = "University of Edinburgh, School of Law, Working Papers",

type = "WorkingPaper",

institution = "University of Edinburgh, School of Law, Working Papers",

}

TY - UNPB

T1 - Accession of the EU to the ECHR

T2 - Who Would Be Responsible in Strasbourg?

AU - Lock, Tobias

PY - 2010

Y1 - 2010

N2 - Chief among the many issues, which an accession of the EU to the ECHR, will raise, is the question of the appropriate respondent before the European Court of Human Rights in cases involving EU law. EU law is typically implemented by the Member States. Against whom should an individual address their individual complaint in a case where they argue that a violation of the ECHR can be found in EU law: the EU or the Member State? This paper discusses various options and proposals made in the wake of the negotiations, which started in July 2010. Both actions and omissions will be dealt with. It is argued that a solution must not only protect the autonomy of EU law but at the same time offer an effective remedy for the individual.

AB - Chief among the many issues, which an accession of the EU to the ECHR, will raise, is the question of the appropriate respondent before the European Court of Human Rights in cases involving EU law. EU law is typically implemented by the Member States. Against whom should an individual address their individual complaint in a case where they argue that a violation of the ECHR can be found in EU law: the EU or the Member State? This paper discusses various options and proposals made in the wake of the negotiations, which started in July 2010. Both actions and omissions will be dealt with. It is argued that a solution must not only protect the autonomy of EU law but at the same time offer an effective remedy for the individual.

KW - EU

KW - ECHR

KW - accession

KW - individual complaint

KW - omissions

KW - actions

U2 - 10.2139/ssrn.1685785

DO - 10.2139/ssrn.1685785

M3 - Working paper

BT - Accession of the EU to the ECHR

PB - University of Edinburgh, School of Law, Working Papers

ER -

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Abstract

Keywords / Materials (for Non-textual outputs)

Access to Document

Fingerprint

Research output

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Cite this