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Re Accession of the European Community to the Convention for the Protection of Human Rights and Fundamental Freedoms

Court of Justice of the European Communities.  28 March 1996 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Conclusion and operation — European Community — Treaty-making powers — Whether European Community empowered to accede to European Convention on Human Rights, 1950 — Treaty establishing the European Community, 1957 (“EC Treaty”) — Whether containing any provision conferring a general power on Community institutions to conclude international human rights conventions — Whether Article 235 of EC Treaty could provide a legal basis for accession to the Convention — Whether accession requiring amendment of EC Treaties

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order — Whether accession of the Community to the Convention would entail a substantial change in the Community system for the protection of human rights, requiring a treaty amendment

International tribunals — Court of Justice of the European Communities — Jurisdiction — EC Treaty, Article 228(6) — Competence of Court to give opinions on the compatibility of proposed international agreements with provisions of the EC Treaty — Scope of competence — Whether reference for opinion concerning an envisaged agreement admissible even before negotiations have formally begun — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 1998

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