From Europe Agreements to Accession
From Europe Agreements to Accession

Author: Paul van den Bempt

Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales

Published: 1996

Total Pages: 180

ISBN-13:

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The European Union has been engaged, after the fall of the Berlin Wall, in determined efforts to end the artificial separation of West and East and to foster economic, social and political integration of the whole of Europe. On their side, the countries of Eastern and Central Europe have undertaken fundamental reforms to introduce the law of democracy and to evolve towards a free market economy. Having established close contacts with academic and political circles in the Associated Countries, TEPSA was eager to study the implications for both sides and organized five conferences for this purpose. This book presents the essence of the main findings in the form of an overall analysis. It starts with a technical description of the Europe Agreements and the Concurrent Interim Agreement on Trade Related Matters followed by the main decisions taken at the Copenhagen and Essen summits. Subsequently, the criteria and conditions presently envisaged for membership of the CEEC's are analysed. Whether, when and to what extent these countries can meet these criteria and what kind of steps the European Union has to take to ensure enlargement is the subject of the following chapters concentrating on the problems which will have to be solved before (and even after) this decisive step will have been taken.

The accession of the European Union to the European Convention on Human Rights
The accession of the European Union to the European Convention on Human Rights

Author: Johan Callewaert

Publisher: Council of Europe

Published: 2014-01-01

Total Pages: 107

ISBN-13: 9287179700

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Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

The Accession Story
The Accession Story

Author: Giōrgos Vasileiou

Publisher: Oxford University Press, USA

Published: 2007-04-19

Total Pages: 401

ISBN-13: 0199215871

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Recoge: 1. The enlargement from fifteen to twenty-five: the Brussels view - 2. The ten countries's story.

The EU Accession to the ECHR
The EU Accession to the ECHR

Author: Vasiliki Kosta

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 704

ISBN-13: 1782254471

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Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

The accession of the European Union to the European Convention on Human Rights
The accession of the European Union to the European Convention on Human Rights

Author: Johan Callewaert

Publisher: Council of Europe

Published: 2014-12-01

Total Pages: 215

ISBN-13: 9287180105

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Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

From Soviet Republics to EU Member States (2 vols)
From Soviet Republics to EU Member States (2 vols)

Author: Peter van Elsuwege

Publisher: BRILL

Published: 2008-08-31

Total Pages: 621

ISBN-13: 904744499X

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From Soviet Republics to EU Member States addresses the legal and political challenges surrounding the EU accession of Estonia, Latvia and Lithuania. Based upon a profound analysis of the Baltic States’ historic development and international legal status, this book examines the gradual development of bilateral relations between the EU and each of the Baltic countries. It discusses the strategic policy choices made in the EU’s fifth enlargement wave and the consequences of its pre-accession strategies. Specific attention is devoted to the impact of enlargement on the triangular relationship between the EU, the Baltic States and Russia. Finally, the constitutional changes within the Baltic States and within the European Union itself are taken into account.

The Accession of the European Union to the European Convention on Human Rights
The Accession of the European Union to the European Convention on Human Rights

Author: Paul Gragl

Publisher: Bloomsbury Publishing

Published: 2014-10-01

Total Pages: 593

ISBN-13: 1782251642

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After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.

Legal Constraints on EU Member States in Drafting Accession Agreements
Legal Constraints on EU Member States in Drafting Accession Agreements

Author: Narin Idriz

Publisher: Springer Nature

Published: 2022-06-22

Total Pages: 336

ISBN-13: 303104102X

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Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.

The EU Accession to the ECHR
The EU Accession to the ECHR

Author: Vasiliki Kosta

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 404

ISBN-13: 1782254463

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Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

The EU Accession to the ECHR
The EU Accession to the ECHR

Author: Fisnik Korenica

Publisher: Springer

Published: 2015-08-25

Total Pages: 481

ISBN-13: 3319217593

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This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR – as it stands right now with the draft accession agreement – the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.