scholarly journals A Relação entre Direito Comunitário e Direito Internacional Regional – A Adesão da União Europeia à Convenção Europeia de Direitos Humanos

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Iris Saraiva Russowsky
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Regional Integration ◽  
Lisbon Treaty ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Relationship

Resumo: O presente trabalho busca analisar a relação entre direito comunitário e o direito internacional a partir da integração regional ocorrida na União Europeia. Busca-se analisar a viabilidade da adesão da União Europeia à Convenção Europeia de Direitos Humanos (CEDH), levando-se em conta, principalmente, a atuação do Tribunal de Justiça da União Europeia (TJUE) e a reformulação ocorrida no bloco com o Tratado de Lisboa (2009). Palavras-chave: Direito Comunitário; Direito Internacional; União Europeia; Adesão à CEDH. Abstract: This study aims to analyze the relationship between European Union law and international law from the regional integration occurred in Europe. It analyzes the viability of the European Union's adherence to the European Convention of Human Rights (ECHR), taking into account mainly the work of the Court of Justice of the European Union (CJEU) and the reformulation occurred in the block before the Lisbon Treaty (2009).  Keywords: European Union Law; International Law; European Union; Adherence to European Convention of Human Rights.

scholarly journals Refl ections on the Principle of Equal Treatment in EU Law and the Jurisprudence of the Court of Justice of the European Union and the European Convention on Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 5-23
Author(s):  
Marija Daka
Keyword(s):  
European Union ◽  
Human Rights ◽  
Equal Treatment ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Complex Approach

The paper presents some of the most relevant aspects of European nondiscrimination law established th rough European Union law and the European Convention on Human Rights, looking also at the evolution of the norms and milestones of case-law on equal treatment within the two systems. The paper gives an overview of the non-discrimination concept as interpreted by the Court of Justice of the European Union and by the European Court of Human Rights. We examine the similar elements but also give insight into conceptual differences between the two human rights regimes when dealing with equal treatment. The differences mainly stem from the more complex approach taken by EU law although, based on analysed norms, cases, and provisions, the aspects of equal treatment in EU law are largely consistent with the practice of the ECtHR. Lastly, the paper briefl y places the European non-discrimination law within the multi-layered human rights system, giving some food for thought for the future potential this concept brings.

Present and Future Relations between the ECJ and the ECtHR

ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rosmarie Doblhoff-Dier ◽  
Sandra Kusmierczyk
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
The Road ◽  
European Court ◽  
On The Road ◽  
The Relationship

AbstractBy acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a mile­stone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the Eu­ropean Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agree­ment with the principle of autonomous interpretation of European Union Law: a highly rel­evant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibil­ity of the finalized draft agreement with the Treaties - the next hurdle for accession.

The Relationship Between the EU Charter of Fundamental Rights and the European Convention on Human Rights: an Originalist Analysis

2015 ◽  
Vol 11 (3) ◽  
pp. 482-511
Author(s):  
Stephen Brittain
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Relationship

European Convention on Human Rights and the European Union Charter of Fundamental Rights: relationship – Teleological method of interpretation of the European Court of Justice: meaning, justifications, and criticisms – Originalist method of interpretation: meaning, justifications, and criticisms – Original meaning of Article 52(3) of the Charter: text, drafting history, case law – Conclusion: case law of European Court of Human Rights not strictly binding on the Court of Justice of the European Union.

scholarly journals ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law

ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 11-41
Author(s):  
Maurizio Arcari ◽  
Stefania Ninatti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Legal Systems ◽  
The European Union ◽  
European Union Law ◽  
The Core ◽  
Court Of Justice ◽  
European Court

Abstract Constitutionalization is a peculiar process which characterizes the whole fabric of modern international law. It may however display different levels of evolution and different implications when distinct legal sub-systems are considered: this appears to be especially true at the European level, in particular in the context of the European Union law and of the European Convention on Human Rights. This article aims at unveiling the key elements of the constitutionalization process as developed by the judges sitting in Luxembourg and Strasbourg. In their relevant case law, both the EU Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) have identified the core concepts and elements lying behind the constitutionalization of their respective legal systems. The analysis of the ECJ and ECtHR case law will be divided into two different parts dealing with the internal dimension from one side, and external one from the other side. While presenting nuances and implications that are linked to the diverse degree of integration of the two legal systems, it may be submitted that the core elements of constitutionalization depicted by the Luxembourg and Strasbourg judges reveal some common patterns.

ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

scholarly journals El TJUE y el Derecho Internacional: la defensa de su propia autonomía como principio constitucional básico = The CJEU and International Law: the defence of its own autonomy as a basic constitutional principle

2017 ◽  
Vol 9 (2) ◽  
pp. 330
Author(s):  
Luis Ignacio Gordillo Pérez
Keyword(s):  
International Law ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Principle ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
The Relationship ◽  
Mixed Agreements ◽  
Fundamental Conclusion

Resumen: Este trabajo realiza un análisis crítico de la jurisprudencia del Tribunal de Justicia respecto del Derecho internacional. Para ello, analiza los acuerdos internacionales y otras fuentes afines, la problemática derivada de los acuerdos firmados por los Estados miembros con terceros Estados, la relación entre el Derecho de la UE y el Convenio Europeo de Derechos Humanos y, finalmente, el valor que el Tribunal confiere al Derecho internacional general y a la Carta de Naciones Unidas. La conclusión fundamental será que el principio básico que guía la jurisprudencia del TJ es la reivindicación y protección de su propia autonomía.Palabras clave: monismo, dualismo, pluralismo, autonomía, acuerdos mixtos, Dictamen 2/13, Dictamen 2/15.Abstract: This paper critically analyzes the jurisprudence of the Court of Justice of the European Union on International law. To that end, it analyzes international agreements and other related sources, the problems arising from agreements signed by Member States with third States, the relationship between EU law and the European Convention on Human Rights, and finally the value that the Court confers on general international law and the Charter of the United Nations. The fundamental conclusion will be that the basic principle guiding the jurisprudence of the CJEU is the claim and protection of its own autonomy.Keywords: monism, dualism, pluralism, autonomy, mixed agreements, Opinion 2/13, Opinion 2/15.

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.

Autonomy and Effectiveness as Common Concerns: A Path to ECHR Accession After Opinion 2/13

2015 ◽  
Vol 16 (1) ◽  
pp. 147-167 ◽  
Author(s):  
Christoph Krenn
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
Constitutional System ◽  
The Eu

Opinion 2/13is a sweeping blow. After four years of negotiations, it took the Court of Justice of the European Union (CJEU or the Court) only a few paragraphs to pick to pieces the draft accession agreement on the EU's accession to the European Convention on Human Rights (ECHR), finding a conflict with the EU Treaties on ten grounds. The Court's message is clear: Accession, under the terms of the draft agreement, would risk undermining the very essence of the EU's constitutional system.

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