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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

Human rights --- Convention for the Protection of Human Rights and Fundamental Freedoms

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Professor Grabenwarter's commentary deals with the European Convention on Human Rights systematically, article by article, considering the development and scope of each article, together with the relevant case-law and literature.

Human rights --- European law --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Human rights - Europe

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Fair trial --- Convention for the Protection of Human Rights and Fundamental Freedom --- Convention européenne des droits de l'homme (1950) --- Procès équitable --- Procédure pénale --- Cour européenne des droits de l'homme --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Procédure pénale. --- Fair trial - Europe

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Convention européenne des droits de l'homme (1950) --- Obligations internationales --- Human rights --- International obligations --- Droits de l'homme (Droit international) --- Convention for the Protection of Human Rights and Fundamental Freedoms --- Obligations internationales. --- Conseil de l'Europe.

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This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book's core addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What role do confidence, detriment and fair balance play in that context? What purpose do legitimate expectations fulfil in the context of Article 1 of Protocol No. 1? To answer these questions, the author conducts an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. On the occasion of this analysis, she collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights under Article 1 of Protocol No. 1

Human rights --- European Union --- Right of property --- Due process of law --- Convention européenne des droits de l'homme (1950) --- Propriété --- Droits de l'homme --- Convention for the protection of human rights and fundamental freedoms (1950 november 5). Protocols, etc. (1952 march 20) --- Europe --- Propriété. --- Droits de l'homme. --- Right of property - Europe --- Due process of law - Europe --- Human rights - Europe