Essays about: "the procedure for the prior involvement of the Court of Justice"

Found 2 essays containing the words the procedure for the prior involvement of the Court of Justice.

  1. 1. Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Analysis of Opinion 2/13 of the European Court of Justice

    University essay from Lunds universitet/Juridiska institutionen

    Author : Nikolaos Kratimenos; [2016]
    Keywords : ECHR; Charter of Fundamental Rights of the European Union; Opinion 2 13; accession; Article 6 2 TEU; co-respondent mechanism; the procedure for the prior involvement of the Court of Justice; specific characteristics of EU law; CFSP; Article 53 of the ECHR; principle of mutual trust; AFSJ; Law and Political Science;

    Abstract : On the 18th of December 2014, the Court of Justice of the European Union delivered the historic Opinion 2/13, where it ruled that the draft agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms is not compatible with Article 6(2) of the Treaty on European Union or with Protocol (No 8) relating to Article 6(2) TEU.In terms of practical effects, the Court’s long list of objections to the draft agreement as expressed in Opinion 2/13, blocked, at least temporarily, the road towards the accession of the EU to the ECHR. READ MORE

  3. 2. The legally binding Charter and the EU’s accession to the ECHR - Consequences of Art 6 TEU for the autonomy of EU law and fundamental rights protection within Europe

    University essay from Lunds universitet/Juridiska institutionen

    Author : Agnes Smedberg; [2013]
    Keywords : The prior involvement mechanism; ne bis in idem; the autonomy of EU law; the EU s accession to the European Convention on Human Rights; the Charter of Fundamental Rights of the European Union; Fundamental rights; EU law; the co-respondent mechanism; Inter-Party complaints; the Bosphorus presumption; Law and Political Science;

    Abstract : This thesis analyses and discusses some of the substantial changes brought about for the field of fundamental rights by virtue of the entry into force of the Lisbon Treaty 1 December 2009; Art. 6(1) to the Treaty on European Union (TEU), according to which the Charter of Fundamental Rights of the European Union (CFREU) “shall have the same legal value as the Treaties” and Art. READ MORE