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http://hdl.handle.net/1942/21661
Title: | Opinion 2/13 on Accession to the ECHR: Defending the EU Legal Order against a Foreign Human Rights Court | Authors: | de Witte, Bruno IMAMOVIC, Sejla |
Issue Date: | 2015 | Publisher: | SWEET MAXWELL LTD | Source: | EUROPEAN LAW REVIEW, 40 (5), p. 683-705 | Abstract: | In Opinion 2/13 the CJEU declared that the draft Agreement for Accession of the EU to the ECHR is not compatible with primary EU law, based on a number of objections. This article presents the Opinion and divides the Court's objections in three categories: concerns which are misconceived and should not have been raised by the CJEU at all; concerns for the CJEU's own jurisdiction which are more persuasive, but whose importance is exaggerated by the Court; and concerns to preserve a different standard of fundamental rights protection in EU law derogating from the minimum standard of the Convention-a radical (and unjustified) objection, which cannot be mended by simply modifying the Accession Agreement and which makes accession next to impossible. | Notes: | [de Witte, Bruno; Imamovic, Sejla] Maastricht Univ, NL-6200 MD Maastricht, Netherlands. [de Witte, Bruno] European Univ Inst, Florence, Italy. [Imamovic, Sejla] Hasselt Univ, Hasselt, Belgium. | Keywords: | accession; EU law; fundamental rights; human rights;Accession; EU law; Fundamental rights; Human rights | Document URI: | http://hdl.handle.net/1942/21661 | ISSN: | 0307-5400 | ISI #: | 000369518800005 | Category: | A1 | Type: | Journal Contribution | Validations: | ecoom 2017 |
Appears in Collections: | Research publications |
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