Present and Future Relations between the ECJ and the ECtHR
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Rosmarie Doblhoff-Dier
Research and teaching associate at the University of Vienna and currently on maternity leave
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Sandra Kusmierczyk
Research and teaching associate at the University of Vienna
Abstract
By acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a milestone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agreement with the principle of autonomous interpretation of European Union Law: a highly relevant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibility of the finalized draft agreement with the Treaties - the next hurdle for accession.
About the authors
Research and teaching associate at the University of Vienna and currently on maternity leave
Research and teaching associate at the University of Vienna
© 2017 by Walter de Gruyter Berlin/Boston
Artikel in diesem Heft
- Inhalt
- Articles
- Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe
- Animals as Sentient Beings
- Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?
- Notes
- Present and Future Relations between the ECJ and the ECtHR
- Developments Austria
- Focus: Same-Sex Partnership in Austria
- Same-Sex Partnership and right to a name
- The competence of the District Administrative Authority instead of the Office for matters of Personal Status to conclude a registered Partnership
- Non-Discrimination between Weddings and the Conclusion of Registered Partnerships: The Ferris Wheel goes round?
- ESM Treaty in accordance with the Austrian constitution
- Developments CEE
- Hungarian Constitutional Court: The Rules of Criminal Procedure in High Priority Cases
- Slovak Constitutional Court: Interpretation of the Constitution established a new gap in the constitutional system
Artikel in diesem Heft
- Inhalt
- Articles
- Some Constitutional Thoughts about the Islamic Full Veil Ban in Europe
- Animals as Sentient Beings
- Understood But Undefined: Why Do Argentina and Brazil Resist Criminalising Terrorism?
- Notes
- Present and Future Relations between the ECJ and the ECtHR
- Developments Austria
- Focus: Same-Sex Partnership in Austria
- Same-Sex Partnership and right to a name
- The competence of the District Administrative Authority instead of the Office for matters of Personal Status to conclude a registered Partnership
- Non-Discrimination between Weddings and the Conclusion of Registered Partnerships: The Ferris Wheel goes round?
- ESM Treaty in accordance with the Austrian constitution
- Developments CEE
- Hungarian Constitutional Court: The Rules of Criminal Procedure in High Priority Cases
- Slovak Constitutional Court: Interpretation of the Constitution established a new gap in the constitutional system
