Bulletin n. 1/2015
June 2015
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Anrò Ilaria
    The Prior Involvement of the Court of Justice in the Context of the Co-respondent Mechanism in the Draft Agreement on the Accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms: Problems and Perspectives
    in Studi sull'integrazione europea , Anno IX, n. 3, settembre-dicembre ,  2014 ,  541-564
    After years of negotiations, the accession of the European Union to the European Convention of Human Rights seems to be an achievable goal, as the draft of the Accession Agreement was finalized on 5 April 2013. The European Commission has asked the Court of Justice an opinion according to Article 218 TFUE on the compatibility of such agreement with the Treaties. While this procedure is still pending, several issues need investigating. The article focuses on the prior involvement of the Court of Justice in the context of the co-respondent mechanism described in the Accession Agreement, envisaged in order to let the Court assess the compatibility of EU Law with the Convention before the intervention of the Strasbourg Court. Indeed, according to Article 3, para. 6, of the Accession Agreement, in proceedings to which the European Union is a co-respondent, if the Court of Justice has not yet assessed the compatibility with the rights at issue defined in the Convention or in the Protocols, sufficient time shall be afforded for the latter to make such an assessment. The bare wording of the norm raises several questions. In particular, the article considers the issues concerning the procedure to be used to enact such intervention and the need to reform EU treaties accordingly, as well as the impact of Luxembourg judgement on the Strasbourg’s process.
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