Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Tobias Lock

Research output: Working paper

Abstract

This contribution measures the first draft agreement on the accession of the EU to the ECHR by the strict requirements of autonomy of the EU legal order. It concludes that a review by the ECtHR would be compatible with the autonomy. However, the procedure before the ECtHR provided for in the draft agreement raises serious problems. Both the co-respondent mechanism and the prior involvement of the ECJ are well intended but may not pass the hurdles erected by the ECJ in its case law on the autonomy.
Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Number of pages33
Publication statusPublished - 2011

Keywords / Materials (for Non-textual outputs)

  • EU accession
  • ECHR
  • automony
  • co-respondent
  • prior involvement of the ECJ

Fingerprint

Dive into the research topics of 'Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order'. Together they form a unique fingerprint.

Cite this