European Union’s accession to the Convention for the Protection of Human Rights and Fundamental Freedoms is a significant legal, political and organizational challenge. Its specific character is primarily due to the fact that the Union is a non-state entity. The aforementioned accession raises a number of questions, to which the answers have been sought not only by the negotiators of both organizations, but also by researchers and other experts. The purpose of this article is to analyze some of the institutional problems, seen primarily from the perspective of public international law. Firstly, the object of the article is to analyze the problem of choosing an appropriate legal form and scope of the accession. Subsequently, some of the most important institutional aspects of the EU's participation in the system of the Convention are considered, namely the issue of the representation of the Union in the Parliamentary Assembly of the Council of Europe and the Committee of Ministers of the Council of Europe, as well as the potential choice of a judge of the Union in the European Court of Human Rights.
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European Union’s accession to the Convention for the Protection of Human Rights and Fundamental Freedoms is a significant legal, political and organizational challenge. Its specific character is primarily due to the fact that the Union is a non-state entity. The aforementioned accession raises a number of questions, to which the answers have been sought not only by the negotiators of both organizations, but also by researchers and other experts. The purpose of this article is to analyze some of the institutional problems, seen primarily from the perspective of public international law. Firstly, the object of the article is to analyze the problem of choosing an appropriate legal form and scope of the accession. Subsequently, some of the most important institutional aspects of the EU's participation in the system of the Convention are considered, namely the issue of the representation of the Union in the Parliamentary Assembly of the Council of Europe and the Committee of Ministers of the Council of Europe, as well as the potential choice of a judge of the Union in the European Court of Human Rights.
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