GUARDIANS BETWEEN ORDERS: GOVERNMENT AGENTS IN THE ERA OF EU–ECHR INTEGRATION
GUARDIANS BETWEEN ORDERS: GOVERNMENT AGENTS IN THE ERA OF EU–ECHR INTEGRATION
Author(s): Zuzanna Kulińska-KępaSubject(s): International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: European Convention on Human Rights; European Court of Human Rights; European Union; accession; co-respondent; Government Agent
Summary/Abstract: The main objective of this publication is to demonstrate that the process of accession of the European Union (EU) to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, entails significant consequences not only for the EU as an organization, but also for its Member States. Particular emphasis is placed on the implementation of the co-respondent mechanism, which is designed to ensure coherent participation of both the EU and its Member States in proceedings before the European Court of Human Rights (ECtHR). The analysis highlights that the introduction of this mechanism requires the development of procedural pathways and institutional practices. The article examines the dual dimension of these consequences, illustrating them through the example of the role of the Government Agent representing the parties before the ECtHR – a function that has so far received relatively little attention in the literature. By focusing on this underexplored aspect, the study sheds light on how the co-respondent mechanism may affect both the practical organization of representation and the broader framework of interaction between the EU and its Member States in Strasbourg proceedings.
Journal: Studia Iuridica
- Issue Year: 2026
- Issue No: 110
- Page Range: 167-183
- Page Count: 17
- Language: English
