Tobias Lock

Maynooth University Department of Law

Maynooth, County Kildare

Ireland

SCHOLARLY PAPERS

39

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15

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23

Scholarly Papers (39)

1.

Is Private Enforcement of EU Law Through State Liability a Myth? – An Assessment 20 Years after Francovich

Common Market Law Review, Forthcoming
Number of pages: 19 Posted: 11 Jul 2012
Tobias Lock
Maynooth University Department of Law
Downloads 2,595 (9,936)

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2.

The Legal Implications of a Repeal of the Human Rights Act 1998 and Withdrawal from the European Convention on Human Rights

Number of pages: 34 Posted: 14 May 2015
University of Liverpool, Maynooth University Department of Law, University of Leeds, Birmingham Law School, University of Birmingham, UK, University of Birmingham - Birmingham Law School and University of Leicester
Downloads 2,406 (11,199)
Citation 4

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Human Rights Act 1998; European Convention on Human Rights; Reform; British Bill of Rights; European Court of Human Rights

3.

EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg

European Law Review, Vol. 35, p. 777, December 2010
Number of pages: 23 Posted: 08 Jan 2011 Last Revised: 14 Jan 2011
Tobias Lock
Maynooth University Department of Law
Downloads 1,794 (17,867)

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4.

The ECJ and the ECtHR: The Future Relationship between the Two European Courts

The Law and Practice of International Courts and Tribunals, Vol. 8, pp. 375–398, 2009
Number of pages: 24 Posted: 24 Dec 2009 Last Revised: 30 Sep 2010
Tobias Lock
Maynooth University Department of Law
Downloads 1,289 (29,433)
Citation 1

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ECJ, ECtHR, EU Charter of Fundamental Rights, ECHR accession, Bosphorus case, exclusive jurisdiction, jurisdictional conflict

5.

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Number of pages: 37 Posted: 03 Oct 2010
Tobias Lock
Maynooth University Department of Law
Downloads 1,243 (31,009)

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EU, ECHR, accession, individual complaint, omissions, actions

6.

Human Rights Law in the UK after Brexit

Edinburgh School of Law Research Paper No. 2017/17
Number of pages: 22 Posted: 03 Oct 2017 Last Revised: 05 Oct 2017
Tobias Lock
Maynooth University Department of Law
Downloads 1,234 (31,369)
Citation 1

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EU, human rights, Brexit, UK, Charter of Fundamental Rights, Human Rights Act

7.

Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Common Market Law Review, Vol. 48, July/August 2011
Number of pages: 33 Posted: 30 Apr 2011
Tobias Lock
Maynooth University Department of Law
Downloads 1,072 (38,390)
Citation 3

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EU accession ECHR, autonomy, co-respondent, prior involvement of the ECJ

8.

Beyond Bosphorus: The European Court of Human Rights’ Case Law on the Responsibility of Member States of International Organisations Under the European Convention on Human Rights

Human Rights Law Review, Vol. 10, pp. 529-545, 2010
Number of pages: 18 Posted: 14 May 2010 Last Revised: 01 Oct 2013
Tobias Lock
Maynooth University Department of Law
Downloads 1,068 (38,592)
Citation 3

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ECHR, EU, Bosphorus presumption, responsibility of Member States

9.

The Future of EU Accession to the ECHR after Opinion 2/13: Is It Still Possible and Is It Still Desirable?

EU Constitutional Law Review, Forthcoming, Europa Working Paper No 2015/02, Edinburgh School of Law Research Paper No. 2015/18
Number of pages: 35 Posted: 09 Jun 2015 Last Revised: 10 Jun 2015
Tobias Lock
Maynooth University Department of Law
Downloads 1,020 (41,197)
Citation 2

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EU; ECHR; accession; human rights; common foreign and security policy; area of freedom security and justice; mutual recognition

10.

End of an Epic? The Draft Agreement on the EU's Accession to the ECHR

Yearbook of European Law, 2012
Number of pages: 56 Posted: 19 Sep 2012
Tobias Lock
Maynooth University Department of Law
Downloads 854 (52,796)

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EU, ECHR, accession, human rights, charter of fundamental rights, council of europe

11.

EU Accession to the European Convention on Human Rights: A Legal Assessment of the Draft Accession Agreement of 14th October 2011

Number of pages: 17 Posted: 11 Nov 2011 Last Revised: 16 Nov 2011
Xavier Groussot, Tobias Lock and Laurent Pech
Lund University, Maynooth University Department of Law and UCD Sutherland School of Law
Downloads 779 (59,764)
Citation 15

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European Union, Council of Europe, European Convention on Human Rights, accession agreement, fundamental rights

12.

Rights and Principles in the EU Charter of Fundamental Rights

Common Market Law Review, Forthcoming
Number of pages: 20 Posted: 04 Sep 2019
Tobias Lock
Maynooth University Department of Law
Downloads 731 (65,077)

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EU Charter of Fundamental Rights; Principles; Rights; Justiciability; Economic, Social and Cultural Rights

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ECHR, Charter of Fundamental Rights, Fundamental Rights in the UK, horizontal effect, accession EU to the ECHR

Scotland's Place in Europe after Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise

European Papers (europeanpapers.eu), Forthcoming
Number of pages: 17 Posted: 27 Jun 2017
Tobias Lock
Maynooth University Department of Law
Downloads 175 (311,720)

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Brexit; Scotland; differentiated integration; EEA

Scotland's Place in Europe after Brexit: Between a Rock and a Hard Place? A Legal Scoping Exercise

Edinburgh School of Law Research Paper No. 2018/06
Number of pages: 18 Posted: 13 Mar 2018
Tobias Lock
Maynooth University Department of Law
Downloads 68 (617,403)
Citation 1

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Brexit; Scotland; differentiated integration; EEA

15.

Taking National Courts More Seriously? Comment on Opinion 1/09

European Law Review, No. 4, 2011
Number of pages: 14 Posted: 12 Sep 2011
Tobias Lock
Maynooth University Department of Law
Downloads 224 (249,372)

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Community patents, EU law, European Court of Justice, European patents, Infringement, Jurisdiction

The Influence of EU Law on Strasbourg Doctrines

European Law Review, Forthcoming , Edinburgh School of Law Research Paper No. 2017/03
Number of pages: 31 Posted: 23 Feb 2017
Tobias Lock
Maynooth University Department of Law
Downloads 223 (249,493)

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EU, ECHR, ECJ, ECtHR, legal transplants, consensus, comparative law, human rights

The Influence of EU Law on Strasbourg Doctrines

European Law Review, Vol. 41, No. 6, 12/2016, p. 804-825
Posted: 10 Feb 2017
Tobias Lock
Maynooth University Department of Law

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EU; ECHR; ECJ; ECtHR; legal transplants; consensus

17.

The Future of EU Human Rights Law: Is Accession to the ECHR Still Desirable?

Journal of International and Comparative Law, Forthcoming
Number of pages: 17 Posted: 16 Jul 2020
Tobias Lock
Maynooth University Department of Law
Downloads 222 (251,423)

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EU Accession to the ECHR; European Court of Justice; European Court of Human Rights; Area of Freedom, Security and Justice; Cross-Fertilization; Charter of Fundamental Rights

18.

Religious Symbols in Germany

LAW, RELIGIOUS FREEDOMS AND EDUCATION IN EUROPE, M. Hunter-Henin, ed., Ashgate, Cultural Diversity and Law series, 2011
Number of pages: 36 Posted: 16 Nov 2010 Last Revised: 22 Mar 2011
Tobias Lock
Maynooth University Department of Law
Downloads 215 (259,139)

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19.

Brexit, Rights and Devolution

Edinburgh School of Law Research Paper No. 2019/06
Number of pages: 62 Posted: 17 Feb 2019 Last Revised: 15 Mar 2019
University of Stirling - School of Law, University of Birmingham - Birmingham Law School, King's College London, Queen Mary University of London, Queen's University Belfast - School of Law, Maynooth University Department of Law, University of Edinburgh School of Law, Independent, University of Essex, Cardiff University, University of Glasgow, University of Edinburgh, The City Law School of City University London and University of Strathclyde Law School
Downloads 192 (287,329)

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Brexit; Human Rights; Devolution; Scotland; Wales; Northern Ireland; EU Law; Judicial Review; Social Rights

20.

Review of the Balance of Competences between the United Kingdom and the European Union: Fundamental Rights

Edinburgh School of Law Research Paper No. 2014/02
Number of pages: 16 Posted: 13 Jan 2014 Last Revised: 11 Feb 2015
Tobias Lock
Maynooth University Department of Law
Downloads 144 (367,589)
Citation 2

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EU Charter of Fundamental Rights; Scope of EU Law; Protocol No. 30; HRA 1998; UK Case Law

21.

Åkerberg Fransson and its Progeny

Mitsilegas, di Martino, Mancano, What Criminal Law for the EU?, Hart 2019, Edinburgh School of Law Research Paper No. 2018/23
Number of pages: 16 Posted: 08 Jun 2018 Last Revised: 11 Jun 2018
Tobias Lock
Maynooth University Department of Law
Downloads 140 (375,766)

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EU Law, ECHR, Charter, Scope of EU Law, Ne bis in idem, Conflict

22.

One Foot In, the Other Foot Out: The Brexit Transition Period in the Withdrawal Agreement

Number of pages: 14 Posted: 04 Apr 2019
Tobias Lock
Maynooth University Department of Law
Downloads 135 (386,565)

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Brexit; EU; UK; transition; right to vote; duty of loyal cooperation; citizens' rights; mutual trust; EU citizenship

23.

Rights and Devolution after Brexit

Number of pages: 44 Posted: 26 Nov 2018
Maynooth University Department of Law, Queen's University Belfast - School of Law, Cardiff University, University of Edinburgh, University of Birmingham - Birmingham Law School, University of Edinburgh School of Law and University of Glasgow
Downloads 128 (402,943)

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24.

A Common Travel Area? Brexit and the New (Northern) Irish

McCrudden (ed.), The Law and Practice of the Protocol on Ireland/Northern Ireland (CUP), Forthcoming
Number of pages: 8 Posted: 15 Jun 2021 Last Revised: 22 Jun 2021
Tobias Lock
Maynooth University Department of Law
Downloads 124 (412,834)

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Brexit; Protocol on Ireland/Northern Ireland; Common Travel Area; Free Movement; Immigration; UK; Ireland; Law

25.

Human Rights Reform and the UK's International Human Rights Obligations

Number of pages: 32 Posted: 07 Nov 2016
Tobias Lock
Maynooth University Department of Law
Downloads 108 (457,388)

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human rights; UK constitution; ECHR

26.

The Not so Free Choice of EU Member States in International Dispute Settlement

Marise Cremona, Anne Thies, Ramses A Wessel (editors), The European Union and International Dispute Settlement, Hart 2017, Edinburgh School of Law Research Paper No. 2017/05
Number of pages: 21 Posted: 03 Mar 2017
Tobias Lock
Maynooth University Department of Law
Downloads 95 (499,431)

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ECJ, jurisdiction, exclusivity, international courts, CFSP

27.

Lessons from German Reunification for Irish Unity

Number of pages: 29 Posted: 30 Mar 2022
Tobias Lock
Maynooth University Department of Law
Downloads 84 (539,333)

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reunification, Germany, Ireland, constitutional law, international law, legacy

28.

An Additional Protective Layer: The Case of Religious Discrimination in the United Kingdom and Germany

Edinburgh School of Law Research Paper No. 2013/32
Number of pages: 30 Posted: 30 Aug 2013 Last Revised: 29 Mar 2015
Tobias Lock
Maynooth University Department of Law
Downloads 72 (589,395)
Citation 1

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freedom of religion, belief discrimination, Germany, United Kingdom, EU anti-discrimination law

29.

Future Participation in the Single Market: Prospects for Northern Ireland, Scotland and Wales

Forthcoming in Kellerhals/Baumgartner, Current Challenges of European Integration, Zurich
Number of pages: 17 Posted: 20 Mar 2021
Tobias Lock
Maynooth University Department of Law
Downloads 57 (664,170)

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Scotland, independence, EU membership, single market, EEA

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31.

The Brexit Transition Extension 2.0

Number of pages: 14 Posted: 16 Jul 2020
Tobias Lock, Fabian Zuleeg and Jannike Wachowiak
Maynooth University Department of Law, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 51 (698,661)
Citation 1

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32.

Lost in Transition?

Edinburgh Student Law Review 2018, Edinburgh School of Law Research Paper No. 2018/20
Number of pages: 9 Posted: 30 May 2018
Tobias Lock
Maynooth University Department of Law
Downloads 45 (736,819)

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EU Law; Brexit; Transition; direct effect; UK

33.

Scotland-Ireland Relations in a European Context

Forthcoming in Journal of Cross-Border Studies in Ireland
Number of pages: 12 Posted: 04 Sep 2021
Kirsty Hughes and Tobias Lock
Independent and Maynooth University Department of Law
Downloads 44 (743,586)

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Scotland; Ireland; Northern Ireland; Politics; Constitution; Brexit

34.

Refining And Expanding Implied Powers: Kramer

Butler/Wessel, EU External Relations Law, Hart 2021
Number of pages: 11 Posted: 13 Dec 2022
Tobias Lock
Maynooth University Department of Law
Downloads 38 (786,071)

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Implied Powers Doctrine, Distinction Between Existence And Nature Of Implied Competence, EU Competence Outside The Jurisdiction Of The Member States, Exclusive EU Competence Over Marine And Biological Resources Of The Sea, Negative And Positive Duties Under The Duty Of Cooperation

35.

Article 9 TEU (Second Edition of the Oxford Commentary)

M Kellerbauer, M Klamert and J Tomkin (eds.), The EU Treaties and the Charter of Fundamental Rights – A Commentary (2nd ed., Oxford University Press), Forthcoming
Number of pages: 4 Posted: 01 Sep 2023
CEU Democracy Institute, Budapest and Maynooth University Department of Law
Downloads 37 (793,485)
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Article 9 TEU, EU citizenship, equality, non-discrimination

36.

EU Accession to the ECHR: when, how and implications

Number of pages: 17 Posted: 15 Apr 2024
Tobias Lock
Maynooth University Department of Law
Downloads 1

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EU; ECHR; Accession; EU Court of Justice; European Court of Human Rights

37.

Brexit and the British Bill of Rights

Posted: 08 Feb 2017 Last Revised: 24 Jun 2020
Maynooth University Department of Law, Melbourne School of Government, University of Leicester, University of Edinburgh - School of Law, University of Liverpool, Independent, Independent, University of Durham , School of Law, Birmingham Law School, University of Birmingham, UK, University of Edinburgh - School of Law, Queen's University Belfast - School of Law and Ulster University - Transitional Justice Institute

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ECHR, EU, Brexit, Human Rights, United Kingdom, Devolution, Consent

38.

The European Court of Justice: What are the Limits of Its Exclusive Jurisdiction?

Maastricht Journal of European and Comparative Law, Vol. 16, No. 3, pp. 291-314, 2009
Posted: 24 Dec 2009
Tobias Lock
Maynooth University Department of Law

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ECJ, international courts, exclusive jurisdiction, CILFIT conditions, relationship between Community law and international law

39.

The Bundesverfassungsgericht On: Why the European Union is Not a State - Some Critical Remarks

European Constitutional Law Review, Vol. 5, pp. 407-420, 2009
Posted: 24 Dec 2009
Tobias Lock
Maynooth University Department of Law

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Federal Constitutional Court decision of 30 June 2009 on the Treaty of Lisbon, Analysis of inconsistencies, Differences between the EU and a state, Sovereignty of the member states and Kompetenz-Kompetenz, Argument for a relative concept of sovereignty, Sovereignty and the right to withdraw