Innovative Governance in a Federal Europe: Implementing the Convention on the Rights of Persons with Disabilities

Abstract
A recent development in European law, less heralded, but no less path-breaking than the Treaty of Lisbon, was the ratification by the EU of its first human rights treaty—the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Concluded as a mixed agreement, the CRPD's pioneering monitoring mechanisms demand a high level of cooperation from both the Union and its Member States. It, thus, provides an opportunity for the Union to further develop a distinctly European notion of federalism by the use of new, innovative governance mechanisms. This article looks at the Union as a federalist project through the prism of the mixed agreement, and specifically the ways that federalism may be balanced within it, using the CRPD as an example. Although the Union has an existing Code of Conduct under the Convention, it lacks true engagement with these issues, and this article proposes changes to that end.

ESO: Background information: Implementing the UN CRPD: An overview of legal reforms in EU Member States http://www.europeansources.info/record/implementing-the-un-crpd-an-overview-of-legal-reforms-in-eu-member-states/

ESO: Background information: EU seeks rapid ratification of UN Convention on the Rights of Persons with Disabilities http://www.europeansources.info/record/press-release-eu-seeks-rapid-ratification-of-un-convention-on-the-rights-of-persons-with-disabilities/

ESO: Background information: Council decides on the European Community becoming a party to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) http://www.europeansources.info/record/press-release-council-decides-on-the-european-community-becoming-a-party-to-the-un-convention-on-the-rights-of-persons-with-disabilities-uncrpd/

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