CEU eTD Collection (2013); Kosmidou, Ioanna: The Accession of the European Union to the European Convention on Human Rights; Accountability for Human Rights Violations before and after the Accession

CEU Electronic Theses and Dissertations, 2013
Author Kosmidou, Ioanna
Title The Accession of the European Union to the European Convention on Human Rights; Accountability for Human Rights Violations before and after the Accession
Summary The long awaited step regarding the accession of the European Union to the European Convention on Human Rights has been finally made. Article 6(2) of the Lisbon Treaty denotes that the European Union shall accede to the European Convention on Human Rights. The actual terms of accession are at the moment of writing under negotiation between the organizations.
This thesis addresses the question of how accountability for human rights violations stemming from European Union law is going to change after accession. In times when governments that agreed on the Lisbon Treaty now question the necessity of the accession it is important to see what will be the impact of such a development for human rights protection.
First, a review of international law norms regarding the distribution of accountability between international organizations and their constituent entities will outline the environment and the current trends on the topic. Subsequently, an analysis of the way that the European Court of Human Rights has dealt with the issue of accountability in cases concerning the European Union hitherto will reveal the areas where there are shortcomings in accountability for human rights violations.. Finally, focusing on the implications of the proposed co-respondent mechanism I outline how distribution of accountability may change after the accession.
The research concludes that the establishment of the co-respondent mechanism and the accession in a broader sense can address many of the existing shortcomings in human rights protection in Europe. Definitely there are still areas of improvement however the general outcome of the accession is can be seen as highly positive and constructive.
Supervisor Granger, Marie Pierre
Department Legal Studies MA
Full texthttps://www.etd.ceu.edu/2013/kosmidou_ioanna.pdf

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