Az Emberi Jogok Európai Egyezménye az EU jogrendjében
The European Convention on Human Rights, as the most important European human rights standard, plays a crucial role in the member states of the EU. It is less obvious however how it should be viewed if a legislative act of the European Union is contrary to the European Convention on Human Rights. Wh...
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| Testületi szerző: | |
| Dokumentumtípus: | Könyv része |
| Megjelent: |
2015
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| Sorozat: | Szegedi Jogász Doktorandusz Konferenciák
5 Alapelvek és alapjogok 5 |
| Kulcsszavak: | Emberi jogok - Európai Unió |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/74942 |
| Tartalmi kivonat: | The European Convention on Human Rights, as the most important European human rights standard, plays a crucial role in the member states of the EU. It is less obvious however how it should be viewed if a legislative act of the European Union is contrary to the European Convention on Human Rights. What is the relationship between the European Convention on Human Rights and EU law? What rules govern the responsibility in such cases of the Union and/or its member states? The answer to these questions may only be answered by analysing the case law of the European Court of Justice and the European Court of Human Rights. The relationship between the European Convention on Human Rights and EU law (and also the relationship between the two courts) will enter a new era once the European Union accedes to the European Convention on Human Rights, which may necessitate the rethinking of some elements of previous jurisprudence (notably the Bosphorus-presumption) by the European Court of Human Rights, and will no doubt result in a new approach by the European Court of Justice as well. However, the accession will also entail new questions of interpretation. Finally, it is worth looking at how the relationship between the European Convention on Human Rights and EU law fits into the broader question of the relationship between international law and EU law in general. |
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| Terjedelem/Fizikai jellemzők: | 327-337 |
| ISBN: | 978-963-306-404-7 |
| ISSN: | 2063-3807 |