The accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms—overview of the Accession Agreement

ERA Forum ◽  
2013 ◽  
Vol 14 (4) ◽  
pp. 557-572 ◽  
Author(s):  
Kristi Raba
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

scholarly journals REALIZATION OF LAW PROTECTION OF HUMAN RIGHTS CONDITION FOR STATE AND CITIZEN SAFETY

2017 ◽  
Vol 3 (1-2) ◽  
Author(s):  
Tatjana Gerginova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
International Standards ◽  
European Convention ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Freedoms ◽  
Lasting Peace ◽  
Protection Of Human Rights

Security system of each country constitute the internationallegal documents and acts as well as national security that allow system isorganized as a part of the state apparatus, which system will to enable tomake possible the safety and independence of other states, as well as thelaw protection of basic human rights and freedoms. International documentsfor protection of human rights and fundamental freedoms, as well as legalacts of any national state determines the universal significance of humanrights and freedoms, whose observance is an important factor of peace,justice and security necessary to ensure the development of friendly relationsand cooperation among states, but also a precondition for progress on theestablishment of lasting peace, security, justice and cooperation in Europe. Fullrespect for human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law are prerequisitesfor progress in ensuring lasting peace, security, justice and cooperation inEurope. The Treaty establishing the European Union, signed in Maastricht in1992 stipulates that respect for human rights is one of the main prerequisitesfor membership in the European Union and the guarantees of human rightsestablished and guaranteed by the European Convention on Human Rights,are respected by Union as general principles of Union law. One of the mainobjectives of the common foreign and security policy of the Member States ofthe European Union is the development of democracy and the rule of law andrespect for human rights and fundamental freedoms. Republic of Macedoniain the processes of democratization incorporate the recommendations of theCouncil of Europe and other international institutions in finding appropriateeffective mechanisms by which holders of public authority will exerciseits powers with respect for and protection of human rights. Respect andprotection of human rights legislation in line with international standards inthis area, should be a primary task of each authority responsible for enforcingthe law.

scholarly journals O Mecanismo de Codemandado no Acordo de Adesão da União Europeia à Convenção Europeia de Direitos Humanos

2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Anair Isabel Schaefer
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rio Grande ◽  
European Convention ◽  
The European Union ◽  
Rio Grande Do Sul ◽  
Porto Alegre ◽  
Court Of Justice ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

O MECANIsmo de codemandado NO ACORDO DE ADESão DA uNiao europeia à convençao europeia de direitos humanos  THE CO-RESPONDENT MECHANISM ON THE ACESSION AGREEMENT OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS   Anair Isabel Schaefer*  RESUMO: O presente artigo analisa o mecanismo de codemandado incluído no Projeto de Adesão da União Europeia à Convenção Europeia de Direitos Humanos. Ainda, analisa os problemas apontados e os ajustes sugeridos sobre o mecanismo de codemandado no Parecer 2/13 do Tribunal de Justiça da União Europeia, quando da apreciação do Projeto de Adesão à Convenção Europeia de Direitos Humanos. PALAVRAS-CHAVE: Tribunal de Justiça da União Europeia. Convenção Europeia de Direitos Humanos. Acordo de Adesão da União Europeia. ABSTRACT: This article analyzes the co-respondent mechanism included in the Draf Agreemet to the Accession Project to the European Convention on Human Rights. Still, analyze the problems identified and the adjustments suggested about the corresponsable mechanism in Opinion 2/13 by the Court of Justice of the European Union to the Agreement on the Accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms. KEYWORDS: European Union Court of Justice. European Convention on Human Rights. Accession Agreement of the European Union.  SUMÁRIO: Introdução. 1 O Mecanismo de Codemandado no Projeto de Adesão da Uniao Europeia à Convençao Europeia de Direitos Humanos. 2 Mecanismo de Codemandado no Parecer 2/13 do Tribunal de Justiça da União Europeia: Problemas Apontados e Ajustes Sugeridos. Considerações Finais. Referências.* Pós-doutoranda na Faculdade da Universidade de São Paulo (USP). Doutora pelo Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul (UFRGS). Professora do curso de Direito da Faculdade Dom Bosco de Porto Alegre, Rio Grande do Sul.

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
General Principles Of Law ◽  
Relationship Of ◽  
The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

EU values reflection in ECtHR case law

2021 ◽  
pp. 23-29
Author(s):  
Dmytro Boichuk ◽  
Kateryna Torhashova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Practical Implementation ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article focuses on the importance of the European Union's values in the development of the legal system of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, and for the functioning of the European Union, further integration processes and their reflection in the case law of the European Court of Human Rights. The ideological interpretation and practical implementation of these decisions are reflected.

2. The European Convention on Human Rights

2021 ◽  
pp. 20-49
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
General Idea ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Key Points ◽  
Causes Of War ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Second World

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter explores the European Convention for the Protection of Human Rights and Fundamental Freedoms. It also tackles the general idea of legally protected human rights, which gained momentum towards the end of the Second World War. The United Nations was an inspiration, specifically the organisation’s Charter that adopted the Universal Declaration on Human Rights in 1948. After 1945, the goal was reconstruction, removing the causes of war, and providing protection from any threat a totalitarian government potentially poses. In this regard, two main solutions were adopted: the European Union and the Council of Europe. The chapter aims to distinguish between these two solutions. The principal focus of the chapter is on the Convention system and the obligations of the states which have agreed to its requirements. The nature of the Court and the process of taking a claim through its procedures is explored, as is the system of enforcement.

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