Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download From Europe Agreements to Accession PDF full book. Access full book title From Europe Agreements to Accession by Paul van den Bempt. Download full books in PDF and EPUB format.
Author: Paul van den Bempt Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales ISBN: Category : Business & Economics Languages : en Pages : 180
Book Description
The European Union has been engaged, after the fall of the Berlin Wall, in determined efforts to end the artificial separation of West and East and to foster economic, social and political integration of the whole of Europe. On their side, the countries of Eastern and Central Europe have undertaken fundamental reforms to introduce the law of democracy and to evolve towards a free market economy. Having established close contacts with academic and political circles in the Associated Countries, TEPSA was eager to study the implications for both sides and organized five conferences for this purpose. This book presents the essence of the main findings in the form of an overall analysis. It starts with a technical description of the Europe Agreements and the Concurrent Interim Agreement on Trade Related Matters followed by the main decisions taken at the Copenhagen and Essen summits. Subsequently, the criteria and conditions presently envisaged for membership of the CEEC's are analysed. Whether, when and to what extent these countries can meet these criteria and what kind of steps the European Union has to take to ensure enlargement is the subject of the following chapters concentrating on the problems which will have to be solved before (and even after) this decisive step will have been taken.
Author: Paul van den Bempt Publisher: P.I.E-Peter Lang S.A., Editions Scientifiques Internationales ISBN: Category : Business & Economics Languages : en Pages : 180
Book Description
The European Union has been engaged, after the fall of the Berlin Wall, in determined efforts to end the artificial separation of West and East and to foster economic, social and political integration of the whole of Europe. On their side, the countries of Eastern and Central Europe have undertaken fundamental reforms to introduce the law of democracy and to evolve towards a free market economy. Having established close contacts with academic and political circles in the Associated Countries, TEPSA was eager to study the implications for both sides and organized five conferences for this purpose. This book presents the essence of the main findings in the form of an overall analysis. It starts with a technical description of the Europe Agreements and the Concurrent Interim Agreement on Trade Related Matters followed by the main decisions taken at the Copenhagen and Essen summits. Subsequently, the criteria and conditions presently envisaged for membership of the CEEC's are analysed. Whether, when and to what extent these countries can meet these criteria and what kind of steps the European Union has to take to ensure enlargement is the subject of the following chapters concentrating on the problems which will have to be solved before (and even after) this decisive step will have been taken.
Author: Johan Callewaert Publisher: Council of Europe ISBN: 9287179700 Category : Political Science Languages : en Pages : 107
Book Description
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author: Johan Callewaert Publisher: Council of Europe ISBN: 9287180105 Category : Political Science Languages : en Pages : 215
Book Description
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
Author: Peter van Elsuwege Publisher: BRILL ISBN: 904744499X Category : Political Science Languages : en Pages : 621
Book Description
This book offers a comprehensive analysis of the legal and political challenges surrounding the EU accession of the Baltic States. It examines the impact of EU enlargement on relations with Russia and on the constitutional development of the countries concerned.
Author: Vasiliki Kosta Publisher: Bloomsbury Publishing ISBN: 1782254471 Category : Law Languages : en Pages : 704
Book Description
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Author: Paul Gragl Publisher: Bloomsbury Publishing ISBN: 1782251642 Category : Law Languages : en Pages : 593
Book Description
After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the EU's accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, the Union will become subject to the external judicial supervision of an international treaty regime. Individuals will also be entitled to submit applications against the Union, alleging that their fundamental rights have been violated by legal acts rooted in EU law, directly to the Strasbourg Court. As the first comprehensive monograph on this topic, this book examines the concerns for the EU's legal system in relation to accession and the question of whether and how accession and the system of human rights protection under the Convention can be effectively reconciled with the autonomy of EU law. It also takes into account how this objective can be attained without jeopardising the current system of individual human rights protection under the Convention. The main chapters deal with the legal status and rank of the Convention and the Accession Agreement within Union law after accession; the external review of EU law by Strasbourg and the potential subordination of the Luxembourg Court; the future of individual applications and the so-called co-respondent mechanism; the legal arrangement of inter-party cases after accession and the presumable clash of jurisdictions between Strasbourg and Luxembourg; and the interplay between the Convention's subsidiarity principle (the exhaustion of local remedies) and the prior involvement of the Luxembourg Court in EU-related cases. The analysis presented in this book comes at a crucial point in the history of European human rights law, offering a holistic and detailed enquiry into the EU's accession to the ECHR and how this move can be reconciled with the autonomy of EU law.
Author: Narin Idriz Publisher: Springer Nature ISBN: 303104102X Category : Law Languages : en Pages : 336
Book Description
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that might constrain Member States in this regard are identified with reference to the PSC. The book examines constraints on Member States stemming from three sources of EU law: Association Law, based on the existing legal framework built on the EEC-Turkey Association Agreement (Part I); EU Enlargement Law, comprised of past practice and existing EU rules on enlargement (Part II); and the foundations of EU Constitutional Law (Part III), which constrain Member States whenever they act within the scope of Union law both as primary and secondary lawmakers. Part III reveals what the Court of Justice of the EU considers to be the essence or the ‘very foundations’ of the Union’s legal order, which it protects against encroachment. This is similar to what some constitutional courts do to protect the ‘inner unity’ or ‘basic structure’ of their constitutions. The findings of this book can be applied to the accession of any candidate state. It also sheds light on important implications for future treaty amendments, and for identifying possible limits to differentiated integration.
Author: Vasiliki Kosta Publisher: Bloomsbury Publishing ISBN: 1782254463 Category : Law Languages : en Pages : 404
Book Description
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Author: Fisnik Korenica Publisher: Springer ISBN: 3319217593 Category : Law Languages : en Pages : 481
Book Description
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.
Author: Paul van den Bempt
Author: Paul van den Bempt
Author: Giōrgos Vasileiou
Author: Johan Callewaert
Author: Johan Callewaert
Author: Peter van Elsuwege
Author: Vasiliki Kosta
Author: Paul Gragl
Author: Narin Idriz
Author: Vasiliki Kosta
Author: Fisnik Korenica