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

European Law Review, Vol. 35, p. 777, December 2010

23 Pages Posted: 8 Jan 2011 Last revised: 14 Jan 2011

See all articles by Tobias Lock

Tobias Lock

Maynooth University Department of Law

Date Written: Decemebr 7, 2010

Abstract

The accession of the European Union to the ECHR raises fundamental questions surrounding the protection of individual rights in the Strasbourg court and the autonomy of EU law. It is argued that any solution should ensure an effective protection for the individual applicant. Thus the appropriate respondent in Strasbourg should be the party which has acted in the concrete case as it can be easily identified. The European Union’s autonomy can be preserved by allowing it to join as a co-respondent. Since the individual has no influence over whether a national court makes a reference under art.267 TFEU, the lack of such a reference should not lead to the inadmissibility of the complaint.

Suggested Citation

Lock, Tobias, EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg (Decemebr 7, 2010). European Law Review, Vol. 35, p. 777, December 2010. Available at SSRN: https://ssrn.com/abstract=1736602

Tobias Lock (Contact Author)

Maynooth University Department of Law ( email )

Maynooth, County Kildare
Ireland

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