Tobias Lock

Maynooth University Department of Law

Maynooth, County Kildare

Ireland

SCHOLARLY PAPERS

28

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Scholarly Papers (28)

1.

The Legal Implications of a Repeal of the Human Rights Act 1998 and Withdrawal from the European Convention on Human Rights

Number of pages: 34 Posted: 14 May 2015
University of Liverpool, Maynooth University Department of Law, University of York, Birmingham Law School, University of Birmingham, UK, University of Birmingham - Birmingham Law School and University of Leicester
Downloads 1,813 (8,332)

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Human Rights Act 1998; European Convention on Human Rights; Reform; British Bill of Rights; European Court of Human Rights

2.

Is Private Enforcement of EU Law Through State Liability a Myth? – An Assessment 20 Years after Francovich

Common Market Law Review, Forthcoming
Number of pages: 19 Posted: 11 Jul 2012
Tobias Lock
Maynooth University Department of Law
Downloads 1,494 (11,404)

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3.

EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg

European Law Review, Vol. 35, p. 777, December 2010
Number of pages: 23 Posted: 08 Jan 2011 Last Revised: 14 Jan 2011
Tobias Lock
Maynooth University Department of Law
Downloads 1,375 (13,042)

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4.

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Number of pages: 37 Posted: 03 Oct 2010
Tobias Lock
Maynooth University Department of Law
Downloads 1,206 (15,965)

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EU, ECHR, accession, individual complaint, omissions, actions

5.

The ECJ and the ECtHR: The Future Relationship between the Two European Courts

The Law and Practice of International Courts and Tribunals, Vol. 8, pp. 375–398, 2009
Number of pages: 24 Posted: 24 Dec 2009 Last Revised: 30 Sep 2010
Tobias Lock
Maynooth University Department of Law
Downloads 1,125 (17,744)

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ECJ, ECtHR, EU Charter of Fundamental Rights, ECHR accession, Bosphorus case, exclusive jurisdiction, jurisdictional conflict

6.

Beyond Bosphorus: The European Court of Human Rights’ Case Law on the Responsibility of Member States of International Organisations Under the European Convention on Human Rights

Human Rights Law Review, Vol. 10, pp. 529-545, 2010
Number of pages: 18 Posted: 14 May 2010 Last Revised: 01 Oct 2013
Tobias Lock
Maynooth University Department of Law
Downloads 999 (21,206)

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ECHR, EU, Bosphorus presumption, responsibility of Member States

7.

Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Common Market Law Review, Vol. 48, July/August 2011
Number of pages: 33 Posted: 30 Apr 2011
Tobias Lock
Maynooth University Department of Law
Downloads 971 (22,097)

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EU accession ECHR, autonomy, co-respondent, prior involvement of the ECJ

8.

The Future of EU Accession to the ECHR after Opinion 2/13: Is It Still Possible and Is It Still Desirable?

EU Constitutional Law Review, Forthcoming, Europa Working Paper No 2015/02, Edinburgh School of Law Research Paper No. 2015/18
Number of pages: 35 Posted: 09 Jun 2015 Last Revised: 10 Jun 2015
Tobias Lock
Maynooth University Department of Law
Downloads 825 (27,951)

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EU; ECHR; accession; human rights; common foreign and security policy; area of freedom security and justice; mutual recognition

9.

End of an Epic? The Draft Agreement on the EU's Accession to the ECHR

Yearbook of European Law, 2012
Number of pages: 56 Posted: 19 Sep 2012
Tobias Lock
Maynooth University Department of Law
Downloads 813 (28,537)

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EU, ECHR, accession, human rights, charter of fundamental rights, council of europe

10.

EU Accession to the European Convention on Human Rights: A Legal Assessment of the Draft Accession Agreement of 14th October 2011

Number of pages: 17 Posted: 11 Nov 2011 Last Revised: 16 Nov 2011
Xavier Groussot, Tobias Lock and Laurent Pech
Lund University, Maynooth University Department of Law and Middlesex University - School of Law
Downloads 577 (45,272)

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European Union, Council of Europe, European Convention on Human Rights, accession agreement, fundamental rights

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ECHR, Charter of Fundamental Rights, Fundamental Rights in the UK, horizontal effect, accession EU to the ECHR

12.

Human Rights Law in the UK after Brexit

Edinburgh School of Law Research Paper No. 2017/17
Number of pages: 22 Posted: 03 Oct 2017 Last Revised: 05 Oct 2017
Tobias Lock
Maynooth University Department of Law
Downloads 230 (130,505)

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EU, human rights, Brexit, UK, Charter of Fundamental Rights, Human Rights Act

13.

Religious Symbols in Germany

LAW, RELIGIOUS FREEDOMS AND EDUCATION IN EUROPE, M. Hunter-Henin, ed., Ashgate, Cultural Diversity and Law series, 2011
Number of pages: 36 Posted: 16 Nov 2010 Last Revised: 22 Mar 2011
Tobias Lock
Maynooth University Department of Law
Downloads 165 (177,153)

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Scotland's Place in Europe after Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise

European Papers (europeanpapers.eu), Forthcoming
Number of pages: 17 Posted: 27 Jun 2017
Tobias Lock
Maynooth University Department of Law
Downloads 119 (231,376)

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Brexit; Scotland; differentiated integration; EEA

Scotland's Place in Europe after Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise

Edinburgh School of Law Research Paper No. 2018/06
Number of pages: 18 Posted: 13 Mar 2018
Tobias Lock
Maynooth University Department of Law
Downloads 33 (455,795)

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Brexit; Scotland; differentiated integration; EEA

15.

Taking National Courts More Seriously? Comment on Opinion 1/09

European Law Review, No. 4, 2011
Number of pages: 14 Posted: 12 Sep 2011
Tobias Lock
Maynooth University Department of Law
Downloads 148 (194,165)

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Community patents, EU law, European Court of Justice, European patents, Infringement, Jurisdiction

16.

The Influence of EU Law on Strasbourg Doctrines

European Law Review, Forthcoming , Edinburgh School of Law Research Paper No. 2017/03
Number of pages: 31 Posted: 23 Feb 2017
Tobias Lock
Maynooth University Department of Law
Downloads 138 (205,397)

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EU, ECHR, ECJ, ECtHR, legal transplants, consensus, comparative law, human rights

17.

Review of the Balance of Competences between the United Kingdom and the European Union: Fundamental Rights

Edinburgh School of Law Research Paper No. 2014/02
Number of pages: 16 Posted: 13 Jan 2014 Last Revised: 11 Feb 2015
Tobias Lock
Maynooth University Department of Law
Downloads 97 (265,715)

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EU Charter of Fundamental Rights; Scope of EU Law; Protocol No. 30; HRA 1998; UK Case Law

18.

Brexit, Rights and Devolution

Edinburgh School of Law Research Paper No. 2019/06
Number of pages: 62 Posted: 17 Feb 2019 Last Revised: 15 Mar 2019
University of Stirling - School of Law, University of Birmingham - Birmingham Law School, University of Edinburgh - School of Law, Queen Mary University of London, Queen's University Belfast - School of Law, Maynooth University Department of Law, University of Edinburgh School of Law, Independent, University of Essex, Cardiff University, University of Glasgow, University of Dundee, School of Law, The City Law School of City University London and University of Strathclyde Law School
Downloads 73 (316,123)

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Brexit; Human Rights; Devolution; Scotland; Wales; Northern Ireland; EU Law; Judicial Review; Social Rights

19.

Human Rights Reform and the UK's International Human Rights Obligations

Number of pages: 32 Posted: 07 Nov 2016
Tobias Lock
Maynooth University Department of Law
Downloads 66 (333,760)

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human rights; UK constitution; ECHR

20.

The Not so Free Choice of EU Member States in International Dispute Settlement

Marise Cremona, Anne Thies, Ramses A Wessel (editors), The European Union and International Dispute Settlement, Hart 2017, Edinburgh School of Law Research Paper No. 2017/05
Number of pages: 21 Posted: 03 Mar 2017
Tobias Lock
Maynooth University Department of Law
Downloads 57 (359,161)

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ECJ, jurisdiction, exclusivity, international courts, CFSP

21.

Rights and Devolution after Brexit

Number of pages: 44 Posted: 26 Nov 2018
Maynooth University Department of Law, Queen's University Belfast - School of Law, Cardiff University, University of Dundee, School of Law, University of Birmingham - Birmingham Law School, University of Edinburgh School of Law and University of Glasgow
Downloads 47 (391,415)

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22.

An Additional Protective Layer: The Case of Religious Discrimination in the United Kingdom and Germany

Edinburgh School of Law Research Paper No. 2013/32
Number of pages: 30 Posted: 30 Aug 2013 Last Revised: 29 Mar 2015
Tobias Lock
Maynooth University Department of Law
Downloads 42 (409,170)

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freedom of religion, belief discrimination, Germany, United Kingdom, EU anti-discrimination law

23.

Åkerberg Fransson and its Progeny

Mitsilegas, di Martino, Mancano, What Criminal Law for the EU?, Hart 2019, Edinburgh School of Law Research Paper No. 2018/23
Number of pages: 16 Posted: 08 Jun 2018 Last Revised: 11 Jun 2018
Tobias Lock
Maynooth University Department of Law
Downloads 27 (473,347)

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EU Law, ECHR, Charter, Scope of EU Law, Ne bis in idem, Conflict

24.

Lost in Transition?

Edinburgh Student Law Review 2018, Edinburgh School of Law Research Paper No. 2018/20
Number of pages: 9 Posted: 30 May 2018
Tobias Lock
Maynooth University Department of Law
Downloads 22 (500,558)

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EU Law; Brexit; Transition; direct effect; UK

25.

One Foot In, the Other Foot Out: The Brexit Transition Period in the Withdrawal Agreement

Number of pages: 14 Posted: 04 Apr 2019
Tobias Lock
Maynooth University Department of Law
Downloads 15 (540,648)

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Brexit; EU; UK; transition; right to vote; duty of loyal cooperation; citizens' rights; mutual trust; EU citizenship

26.

Brexit and the British Bill of Rights

Posted: 08 Feb 2017
Maynooth University Department of Law, Melbourne Law School, University of Leicester, University of Edinburgh - School of Law, University of Liverpool, Independent, Independent, University of Edinburgh, Birmingham Law School, University of Birmingham, UK, University of Edinburgh - School of Law, Queen's University Belfast - School of Law and Ulster University - Transitional Justice Institute

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ECHR, EU, Brexit, Human Rights, United Kingdom, devolution, consent

27.

The European Court of Justice: What are the Limits of Its Exclusive Jurisdiction?

Maastricht Journal of European and Comparative Law, Vol. 16, No. 3, pp. 291-314, 2009
Posted: 24 Dec 2009
Tobias Lock
Maynooth University Department of Law

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ECJ, international courts, exclusive jurisdiction, CILFIT conditions, relationship between Community law and international law

28.

The Bundesverfassungsgericht On: Why the European Union is Not a State - Some Critical Remarks

European Constitutional Law Review, Vol. 5, pp. 407-420, 2009
Posted: 24 Dec 2009
Tobias Lock
Maynooth University Department of Law

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Federal Constitutional Court decision of 30 June 2009 on the Treaty of Lisbon, Analysis of inconsistencies, Differences between the EU and a state, Sovereignty of the member states and Kompetenz-Kompetenz, Argument for a relative concept of sovereignty, Sovereignty and the right to withdraw