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Alina Mirabela GENTIMIR: General considerations regarding the accession of the European Union to the European Convention on Human Rights

Abstract: The development of the European Union is intrinsically linked to strengthening the protection of human rights in the legal order of the Union, to the point that these two processes are mutually involved, working together to empower a new legal system. The Union has so far never been formally dealt with by a general competence regarding fundamental rights. Beyond the introduction of provisions allowing the Union to accede to the convention which were acquired on both side: Council of Europe and European Union must be resolved some technical difficulties: difficulties arising from the specific nature of the Community legal order, difficulties arising from the distribution of competence between the Union and the Member States, and finally the difficulties resulting from the institutional structure of the Convention. None of the difficulties seem insurmountable because it is taken into consideration the modality of ration available within the two European legal systems, which will be unified. The introduction in the constitutional Treaty of a clause allowing the accession is enclosed by the integration in the same normative instrument of the Charter of fundamental rights, "the two measures leading to a situation similar to the one existing in the legal systems of States Members whose Constitutions protect fundamental rights but, in the same time, increasingly accept that judges from Strasbourg exert an external control on human rights ". The road to accession has been committed on both sides: in the European Union has been adopted Article 6 of the Treaty and the addition of a protocol to the treaty on Article 6 of the Constitutional Treaty; in the Council of Europe has been signed the Protocol No 14 amending the European Convention of Human Rights. This approach initiated in parallel in the European Union and Council of Europe on the issue of EU accession to the European Convention on Human Rights , which is extended in some way already by common reflections on the reform of the two judicial systems, demonstrates, beyond the legal and technical issues of the implementation of the normative and institutional connection, a convergence of the concerns and aspirations for the consolidation of a European public order based on human rights, democracy and rule of law.

Keywords: European Union, European Convention of Human Rights, judicial systems

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