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

Tobias Lock

Research output: Working paper

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 an effective protection for 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.
Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Number of pages23
Publication statusPublished - 2010

Fingerprint

Dive into the research topics of 'EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg'. Together they form a unique fingerprint.

Cite this