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

37 Pages Posted: 3 Oct 2010  

Tobias Lock

University of Edinburgh School of Law

Date Written: October 1, 2010

Abstract

Chief among the many issues, which an accession of the EU to the ECHR, will raise, is the question of the appropriate respondent before the European Court of Human Rights in cases involving EU law. EU law is typically implemented by the Member States. Against whom should an individual address their individual complaint in a case where they argue that a violation of the ECHR can be found in EU law: the EU or the Member State? This paper discusses various options and proposals made in the wake of the negotiations, which started in July 2010. Both actions and omissions will be dealt with. It is argued that a solution must not only protect the autonomy of EU law but at the same time offer an effective remedy for the individual.

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

Suggested Citation

Lock, Tobias, Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg? (October 1, 2010). Available at SSRN: https://ssrn.com/abstract=1685785 or http://dx.doi.org/10.2139/ssrn.1685785

Tobias Lock (Contact Author)

University of Edinburgh School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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