Accession Of The European Union To The European Convention On Human Rights

TABLE OF CONTENTS

14 Table of Contents
⦁ Member state(s) as co-
respondent(s) 38
⦁ Prior involvement mechanism 41
⦁ Other ways of involving the CJEU 47
⦁ Advisory Opinion Procedure (the protocol.no 16) under European Convention of Human Rights 49
⦁ Purposes 51
⦁ Fostering judicial dialogue 52
⦁ Enhancing implementation of the Convention
by national courts 53
⦁ Decrease the workload of the ECtHR in the
long term 54
⦁ Scope 55
⦁ Competent authorities 55
⦁ The nature of the questions 57
⦁ Characteristics 58
⦁ Procedures 61
⦁ Legal effects 62
⦁ General evaluation 64
⦁ Opinion 2/13 of the Court of Justice of the European
Union 71
⦁ The specific characteristics of the EU law 71
⦁ Article 53 of ECHR and Article 53 of the EU
Charter 72
⦁ Prior Involvement Procedure 73
⦁ Co-respondent mechanism 74

Table of Contents 15
⦁ The Inter-State Disputes 75
⦁ The protocol 16 and Preliminary Ruling
Procedure 77
⦁ The Author’s View on the Opinion 2/13 of the CJEU 78
CONCLUSION 81
BIBLIOGRAPHY 87