Paving the Way : Adjustments of Systems and Mutual Influences between the European Court of Human Rights and European Union Law before Accession
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|Title:||Paving the Way : Adjustments of Systems and Mutual Influences between the European Court of Human Rights and European Union Law before Accession||Authors:||Paris, Marie-Luce||Permanent link:||http://hdl.handle.net/10197/5985||Date:||2014||Online since:||2014-10-02T09:12:31Z||Abstract:||The negotiations on accession of the EU to the ECHR successfully ended on April 5, 2013. While they remain, until accession, autonomous and separate from an institutional point of view, the two European legal orders have not developed in isolation. Just as the CJEU has done vis-à-vis the Strasbourg system, the ECtHR has had to take into account the law emanating from the EU. Accession is admittedly viewed as a simplification, or at least a standardisation, of the relationship between the two European systems and the two courts. However, the pressure put on the ECtHR in this regard must not be overlooked. Having implicitly assumed a leading role in the management of the interaction of the two systems and the interdependence of the two bodies of case law before accession, the ECtHR will formally inherit that responsibility thereafter. This article seeks to contribute to the extensive literature on accession by assessing the case law on the relationship between the ECtHR and EU law prior to accession. In particular, taking stock of the reasoning of the ECtHR helps our understanding of how the court has paved the way for accession and how its EU-related case law is relevant for the further development of the European public order postaccession.||Type of material:||Journal Article||Publisher:||University College Dublin. School of Law||Journal:||Irish Jurist||Volume:||51||Issue:||2014||Start page:||59||End page:||89||Keywords:||Accession; European Court of Human Rights; European Union Law||Other versions:||http://irishjurist.com/||Language:||en||Status of Item:||Peer reviewed|
|Appears in Collections:||Law Research Collection|
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