Питање одговорности за повреде Eвропске конвенције о људским правима које су последица активности мисија Европске Уније
The Accountability For The Violations Of The European Convention On Human Rights Comimited In The Context Of The European Union Missions

Summary/Abstract: Тhe issue of the jurisdiction of the European Court on Human Rights over actions and omissions adopted under the Common Foreign and Security Policy was much debated in the process of drafting the instruments on the accession of the European Union to the European Convention on Human Rights. It significantly divided scholars and other professionals. The undertaken analysis demonstrates an importance of establishing the unlimted competence of the European Court of Human Rights in that regard. The extension of the jurisdiction of the European Court of Human Rights in the given sense would remove various gaps in the accountability for human rights violations existent at moment within the legal system of the European Union. Primarily, it would close the gap created by first paragraph of Article 275 of the Treaty on the Functioning of the European Union. However, a main achievement of an introduction of the jurisdiction of the European Court on Human Rights over the European Union for actions and omissions, adopted under Common Foreign and Security Policy will be apparent in a sphere of the recently codified Common Security and Defense Policy. It appears from the framework regulating European Union missions that without having unlimited jurisdiction of the European Court of Human Right for violation committed in the context of the European Union missions, a number of committed breaches of human rights might remain unpunished. The analysis of the draft revised instruments on the accession and the Treaty of Lisbon will be followed by providing an overview of relevant case law of the European Court of Human Rights. The analyisis of the given jurisprudence seems particularly important as to identify flows and potential obstacles which in long run may undermine the successful implementation of the draft revised instruments on the accession.

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