Legal Aspects of Accession of EU to ECHR

Global Journal of Human Social Science (A), Vol. 12, Issue 5, 2012

13 Pages Posted: 31 Mar 2013 Last revised: 27 May 2016

Neliana Rodean

University of Verona - Department of Law

Date Written: December 1, 2012

Abstract

The European Union (EU) became the guardian of the rights of Europeans. From a treaty-based entity the European Union became a supranational system based on democracy and where the treaties and the EU human rights principle operates as constitutional law. Moreover, the law of the European Union it is without doubt a form of European Public Law based on a system of administrative and increasingly constitutional law including its own Charter of Human Rights.

Into the European constitutional framework, from the second half of the last century, the political and judicial institutions of Europe have committed in creating a European constitutional order in which prevails the protection of human rights. The fundamental values belong to the European constitutional heritage, to Europe without borders and without double standards of protection. The rights declared in the constitutions must found concrete tools to render them effective. To ensure the effectiveness of the protection of human rights on our continent, the European Union's adherence to the European Convention of Human Rights (ECHR) is considered to be the ideal tool in the absence of a legal and formal link between the systems of Strasbourg and Luxembourg.

With the Treaty of Lisbon, the expected adherence of the EU to the ECHR was, in fact, hailed as "a courageous political, cultural and legal decision."

Keywords: European Union, European public law, human rights, EU’s accession to ECHR

JEL Classification: K00

Suggested Citation

Rodean, Neliana, Legal Aspects of Accession of EU to ECHR (December 1, 2012). Global Journal of Human Social Science (A), Vol. 12, Issue 5, 2012. Available at SSRN: https://ssrn.com/abstract=2240288

Neliana Rodean (Contact Author)

University of Verona - Department of Law ( email )

Via dell'Artigliere, 19
37129 Verona
Italy

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