UNIQUE PROTECTION OF THE HUMAN RIGHTS IN EUROPE

BLEŠIĆ Jovana (Istraživač pripravnik Instituta za međunarodnu politiku i privredu, Beograd i doktorand Pravnog fakulteta Univerziteta u Beogradu), jovana.blesic@diplomacy.bg.ac.rs

The article gives a comparative overview of human rights development in the Council of Europe through the adoption of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the work of the European Court of Human Rights (ECtHR) on the one hand and developments in the European Union (EU) and the work of its courts, with an emphasis on EU primary law and the EU accession to the European Convention on Human Rights. The accession process was interrupted in 2013 with a negative Opinion of the Court of Justice of the European Union, but the case-law of the ECtHR and the EUSR continues to indicate that there is still a need to create a single legal system in the field of human rights in Europe. The author believes that the uniqueness of human rights protection on the ground of Europe is necessary and immanent to the very nature of human rights.

Keywords: Human rights, European Convention on Human Rights, Charter of Fundamental Rights, EU accession to the European Convention on Human Rights, Opinion 2/13