Table of Contents: I. Introduction. – II. How the EU and its Member States worked together. – III. Lessons from Opinion 2/13. – IV. State of play. – V. Conclusion.
Abstract: This Article discusses three aspects of the negotiations on EU accession to the ECHR that took place...
Table of Contents: I. Introduction. – II. Basic principles in the negotiations. – III. Negotiating the issues deriving from Opinion 2/13. – III.1. EU-specific mechanisms of the procedure before the ECtHR. – III.2. Inter-state applications and advisory opinions. – III.3. Mutual trust and mutual recognition. – III.4. CJEU competence over EU acts in...
Table of Contents: I. Introduction – II. The equivalent protection doctrine – III. An alternative to Bosphorus: The joint responsibility of the EU and its Member States on the basis of the co-respondent mechanism – III.1. The Co-respondent mechanism and joint responsibility – III.2. The “mechanics” of the co-respondent mechanism: A critical...
Table of Contents: I. Resuming negotiations: common basis and new requests. – II. Non-EU Member States: an actor of its own or a loose aggregate of diverging interests? – II.1. Context, changes and ongoing developments. – II.2. Nature, aim and working methods of the NEUMs Group. – II.3. Common Statement and Key Negotiating principles. – III. Issues...
Table of Contents: I. Introduction. – II. How the EU and its Member States worked together. – III. Lessons from Opinion 2/13. – IV. State of play. – V. Conclusion.
Abstract: This Article discusses three aspects of the negotiations on EU accession to the ECHR that took place...
Table of Contents: I. Introduction – II. The main options considered by the negotiators – II.1. Introduction – II.2. A “reattribution mechanism” to ensure that EU Member States are exclusively responsible for CFSP conduct outside the scope of CJEU jurisdiction – II.3. An “interpretative declaration” to extend the CJEU’s jurisdiction over the CFSP –...
Table of Contents: I. Introduction. – II. Guiding principles. – III. Proceedings before the European Court of Human Rights. – III.1. The co-respondent mechanism. – III.2. The “prior involvement” of the Court of Justice. – III.3. Operation of inter-party applications and ECHR advisory opinions. – III.4. The principle of mutual trust between EU Member...
Table of Contents: I. Resuming negotiations: common basis and new requests. – II. Non-EU Member States: an actor of its own or a loose aggregate of diverging interests? – II.1. Context, changes and ongoing developments. – II.2. Nature, aim and working methods of the NEUMs Group. – II.3. Common Statement and Key Negotiating principles. – III. Issues...
Table of Contents: I. Introduction. – II. Trust and distrust: Delineations and reflections on the protagonists of the EU accession saga. – III. Opinion 2/13 and its aftermath: The politics of distrust. – IV. The mirage of trust: The ECtHR and the draft accession instruments. – V. The road ahead: (Re-)building trust post-accession. – VI....
Table of Contents: I. Introduction – II. The equivalent protection doctrine – III. An alternative to Bosphorus: The joint responsibility of the EU and its Member States on the basis of the co-respondent mechanism – III.1. The Co-respondent mechanism and joint responsibility – III.2. The “mechanics” of the co-respondent mechanism: A critical...
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