The Impact of the Emergence of the European Union as a Human Rights Actor on the Council of Enrope

The Impact of the Emergence of the European Union as a Human Rights Actor on the Council of Enrope Contents Preface 1. Introduction 1.1. Hypothesis 1.2. Structure 2. A Contextual Approach to the Interactions 2.1. The EU Charter of Fundamental Rights 2.2. A Brief Review of the 'History' of the Community Law Status under the ECHR (1). A First Phase of Rejection of Control (2) The 'Equivalent Protection' Doctrine (3) A Control over Acts that Cannot be Challenged within the EU Framework 3. The Impact of the EU Charter on the Council of Europe 3.1. The Impact over the Role of the Council of Europe (1) A 'Threat' to its Role A threat to its credibility The rise of a competition The persistence of a crucial role The fundamental necessity of an external control The crucial role of `link' (2) A Stimulus to Redesign its Role and Rethink its Future A reorientation of its role A future role dependent on the scope of application of the EU Charter 3.2. The Impact over the Evolution of the Jurisprudence (1) The ECHR as a Source of Inspiration for the EU (2) The EU Charter as an Influence for the ECHR Jurisprudence (3) A Mutual 'Influence Circle' 3.3. The Impact on Legal Certainty (1) Problems Pre-existing to the EU Charter http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

The Impact of the Emergence of the European Union as a Human Rights Actor on the Council of Enrope

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Publisher
Martinus Nijhoff
Copyright
Copyright 2004 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-6456
eISSN
2211-5897
D.O.I.
10.1163/221158904X00062
Publisher site
See Article on Publisher Site

Abstract

Contents Preface 1. Introduction 1.1. Hypothesis 1.2. Structure 2. A Contextual Approach to the Interactions 2.1. The EU Charter of Fundamental Rights 2.2. A Brief Review of the 'History' of the Community Law Status under the ECHR (1). A First Phase of Rejection of Control (2) The 'Equivalent Protection' Doctrine (3) A Control over Acts that Cannot be Challenged within the EU Framework 3. The Impact of the EU Charter on the Council of Europe 3.1. The Impact over the Role of the Council of Europe (1) A 'Threat' to its Role A threat to its credibility The rise of a competition The persistence of a crucial role The fundamental necessity of an external control The crucial role of `link' (2) A Stimulus to Redesign its Role and Rethink its Future A reorientation of its role A future role dependent on the scope of application of the EU Charter 3.2. The Impact over the Evolution of the Jurisprudence (1) The ECHR as a Source of Inspiration for the EU (2) The EU Charter as an Influence for the ECHR Jurisprudence (3) A Mutual 'Influence Circle' 3.3. The Impact on Legal Certainty (1) Problems Pre-existing to the EU Charter

Journal

Baltic Yearbook of International Law OnlineBrill

Published: Jan 1, 2004

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