國立高雄大學圖資館 |

語系: 繁體中文

說明(常見問題)

圖資館首頁

登入

回首頁 到查詢結果 [ subject:"Sources and Subjects of International Law, International Organizations." ]

切換: 標籤 | MARC模式 | ISBD

The EU accession to the ECHRbetween ...

Korenica, Fisnik.

The EU accession to the ECHRbetween Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The EU accession to the ECHRby Fisnik Korenica.
其他題名:	between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection /
作者:	Korenica, Fisnik.
出版者:	Cham :Springer International Publishing :2015.
面頁冊數:	xix, 471 p. :ill. (some col.), digital ;24 cm.
Contained By:	Springer eBooks
標題:	Human rightsEuropean Union countries.
電子資源:	http://dx.doi.org/10.1007/978-3-319-21759-8
ISBN:	9783319217598$q(electronic bk.)

The EU accession to the ECHRbetween Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection /
Korenica, Fisnik.

The EU accession to the ECHRbetween Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection /[electronic resource] :by Fisnik Korenica. - Cham :Springer International Publishing :2015. - xix, 471 p. :ill. (some col.), digital ;24 cm.

Part I: The EU as a Sui Generis Human Rights Law Organization: Situating the Roots of the Accession Question: 1. Introduction to the Book -- 2. EU Becoming a Human Rights Law Organization: Starting from Nowhere with a 'Gouvernment des Juges' -- 3. EU Law Autonomy: Where Does the Viewpoint for 'Competition' of Luxembourg Start from? -- Part II: The Draft Accession Agreement of the EU Accession to the ECHR: an Examination of the Central Mechanisms in Light of EU Law Peculiarities -- 4. A New Start for the Accession of the EU to the ECHR -- 5. Status of ECHR and DAA in EU Legal Order -- 6. Attribution of Liability Under the Co-respondent Mechanism -- 7. Inter-Party Mechanism and the EU: Possible Implications from the Strasbourg's Jurisdiction? -- 8. EU Prior Involvement Review -- Part III: A Strasbourg Perspective on Applications of EU Law Origin -- 9. Testing the Co-respondent Mechanism from the Strasbourg Court Perspective: Three Distinctive Cases with Three Distinctive Scenarios -- 10. Admissibility Before the Strasbourg Court: An Outlook on the EU Law Originated Applications -- Part IV: Approaching the Final 'Station' -- 11. Before the Conclusion: Luxembourg Court's Opinion 2/13 on the DAA's Compatibility with the EU Treaties -- 12. An Overall Conclusion.

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

ISBN: 9783319217598$q(electronic bk.)

Standard No.: 10.1007/978-3-319-21759-8doiSubjects--Uniform Titles:

Convention for the Protection of Human Rights and Fundamental Freedoms
(1950)Subjects--Topical Terms:

392755
Human rights
--European Union countries.

LC Class. No.: KJE5132

Dewey Class. No.: 342.4085

The EU accession to the ECHRbetween Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection /
LDR:04028nmm a2200313 a 4500 001 475094
003 DE-He213
005 20160310171455.0
006 m d
007 cr nn 008maaau
008 160420s2015 gw s 0 eng d
020 $a 9783319217598$q(electronic bk.)
020 $a 9783319217581$q(paper)
024 7 $a 10.1007/978-3-319-21759-8 $2 doi
035 $a 978-3-319-21759-8
040 $a GP $c GP
041 0 $a eng
050 4 $a KJE5132
072 7 $a LB $2 bicssc
072 7 $a LAW051000 $2 bisacsh
082 0 4 $a 342.4085 $2 23
090 $a KJE5132 $b .K84 2015
100 1 $a Korenica, Fisnik. $3 729188
245 1 4 $a The EU accession to the ECHR $h [electronic resource] : $b between Luxembourg's search for autonomy and Strasbourg's credibility on human rights protection / $c by Fisnik Korenica.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2015.
300 $a xix, 471 p. : $b ill. (some col.), digital ; $c 24 cm.
505 0 $a Part I: The EU as a Sui Generis Human Rights Law Organization: Situating the Roots of the Accession Question: 1. Introduction to the Book -- 2. EU Becoming a Human Rights Law Organization: Starting from Nowhere with a 'Gouvernment des Juges' -- 3. EU Law Autonomy: Where Does the Viewpoint for 'Competition' of Luxembourg Start from? -- Part II: The Draft Accession Agreement of the EU Accession to the ECHR: an Examination of the Central Mechanisms in Light of EU Law Peculiarities -- 4. A New Start for the Accession of the EU to the ECHR -- 5. Status of ECHR and DAA in EU Legal Order -- 6. Attribution of Liability Under the Co-respondent Mechanism -- 7. Inter-Party Mechanism and the EU: Possible Implications from the Strasbourg's Jurisdiction? -- 8. EU Prior Involvement Review -- Part III: A Strasbourg Perspective on Applications of EU Law Origin -- 9. Testing the Co-respondent Mechanism from the Strasbourg Court Perspective: Three Distinctive Cases with Three Distinctive Scenarios -- 10. Admissibility Before the Strasbourg Court: An Outlook on the EU Law Originated Applications -- Part IV: Approaching the Final 'Station' -- 11. Before the Conclusion: Luxembourg Court's Opinion 2/13 on the DAA's Compatibility with the EU Treaties -- 12. An Overall Conclusion.
520 $a This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.
630 0 0 $a Convention for the Protection of Human Rights and Fundamental Freedoms $d (1950) $3 392588
650 0 $a Human rights $z European Union countries. $3 392755
650 1 4 $a Law. $3 207600
650 2 4 $a European Law. $3 558717
650 2 4 $a Sources and Subjects of International Law, International Organizations. $3 558750
650 2 4 $a Human Rights. $3 558690
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer eBooks
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-21759-8
950 $a Humanities, Social Sciences and Law (Springer-11648)