The effects of the Accession of the EU to the ECHR on the jurisdictional architecture of Europe (original) (raw)

"This work is devoted in exploring the consequences of the Accession of the European Union to the European Convention of Human Rights after the conclusion of the negotiations between the Council of Europe and the EU on the 22nd of June, 2011. The main focus will be represented by the relationship between the Court of Justice of the EU and the European Court of Human Rights. The paper explores the direct and indirect consequences of the Accession, starting from the text of the Draft legal instruments prepared by the Working Group CDDH-EU. In the last part there will be an attempt to drawn some considerations concerning the future of the relationships between the CJEU and the ECourtHR. The core of this work has two different concerns: the first one is represented by the solution to the controversial relationships between the two European Courts(the CJEU and the ECourtHR), to which the Draft is devoted through the establishment of a procedure(the corespondent procedure) expressly prepared in order to reduce to a minimum the clashes between the two jurisdictions. The second, as a corollary of the first one, is the consistency of the protection of human rights throughout Europe without forgetting the different cultural, political and religious traditions which shaped Europe as we know nowadays. This work is addressed to stress the importance of the step of the Accession as a fundamental one in the history of the Union. But it is also maintained that the large amount of power descending from this merger should be used wisely by the judges of the Courts. In this sense, the conclusion of this work is addressed to explain that the enhancing of the dialogue between the two Courts and the application of a proper margin of appreciation doctrine could help in initiate a new era in which human rights will be probably considered as the cornerstone of the European Constitutional Order"

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