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dc.contributor.authorBrincau, Kirk-
dc.contributor.authorVella-Baldacchino, Rachel-Marie-
dc.identifier.citationBrincau, K., & Vella-Baldacchino, R. M. (2016). Accession of the European Union to the ECHR. ELSA Malta Law Review, 6, 147-169.en_GB
dc.description.abstractBased on a universal understanding of the importance of fundamental human rights and the protection thereof, activists, academics and legal professionals alike have often pondered whether the European Union should accede to the European Convention of Human Rights. It is argued that accession would serve to ensure the protection and respect of these fundamental rights for and by all, yet numerous obstacles have halted the accomplishment of this ideal. This paper delves into these obstacles by primarily focusing on principles emerging from the case law of the Court of Justice of the European Union, as well as the European Court of Human Rights. It then proceeds to discuss Opinion 2/13 of the Court of Justice of the European Union and looks through the crystal ball to consider the consequences of this Opinion. It concludes by questioning whether accession under the terms posed by the Court of Justice of the European Union would indeed be beneficial for the protection of fundamental human rights in Europe.en_GB
dc.publisherEuropean Law Students' Association Maltaen_GB
dc.subjectHuman rights -- European Union countriesen_GB
dc.subjectEuropean Union -- Membershipen_GB
dc.subjectEuropean Court of Human Rightsen_GB
dc.titleAccession of the European Union to the ECHRen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publication.titleELSA Malta Law Reviewen_GB
Appears in Collections:ELSA Malta Law Review : Volume 6 : 2016
ELSA Malta Law Review : Volume 6 : 2016

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