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.
Thursday, 7 October 2010
Working Paper on EU Accession to ECHR
Tobias Lock of University College London has posted a working paper on SSRN on the upcoming accession of the European Union to the ECHRr. Currently, negotiations on this are ongoing. This is the abstract of the working paper, entitled 'Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?':