European Consensus and the EU Accession to the ECHR



Dzehtsiarou, Kanstantsin ORCID: 0000-0001-9253-6109 and Repyeuski, Pavel
(2014) European Consensus and the EU Accession to the ECHR. In: The EU Accession to the ECHR. Hart, 309 - 324.

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Abstract

The European consensus argument has been deployed by the European Court of Human Rights (ECtHR) in its reasoning in a relatively large number of important cases. There is European consensus if a significant number of the Contracting Parties to the Convention adopts a certain legislation or follows similar legal practice. In such cases it is highly likely that the ECtHR will hold that the law which differs from European consensus (ECHR) violates the European Convention. In order to establish European consensus, the ECtHR compares laws and practices of the Contracting Parties, including their obligations under international treaties. This paper seeks to answer the question of whether the forthcoming EU accession to the ECtHR will have a significant impact on how European consensus is identified and assessed.

Item Type: Book Section
Subjects: ?? K1 ??
Depositing User: Symplectic Admin
Date Deposited: 25 Sep 2015 07:43
Last Modified: 01 Jul 2021 07:11
URI: https://livrepository.liverpool.ac.uk/id/eprint/2028125