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The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies.It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law. ; Straipsnyje analizuojama tarptautinės teisinės atsakomybės taikymo praktika Europos Sąjungos ir jos valstybių narių atžvilgiu ir identifikuojami kriterijai, kuriais remiantis turėtų būti sprendžiama dėl Europos Sąjungos ir jos valstybių narių tarptautinės teisinės atsakomybės paskirstymo tais atvejais, kai nėra specifinių sutartinių nuostatų, reglamentuojančių šį klausimą.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

Straipsnyje analizuojama žmogaus teisių apsauga Europoje, garantuojama pagal Europos Sąjungos ir Europos Tarybos (konkrečiai – Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos) teisines sistemas. Nagrinėjama dviejų regioninių teismo institucijų (Europos Žmogaus Teisių Teismo ir Europos Sąjungos Teisingumo Teismo) praktika ir kai kurios žmogaus teisių apsaugos užtikrinimo Europoje problemos. Straipsnyje vertinamas galimas Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poveikis žmogaus teisių apsaugai Europoje. Analizuojamos Prisijungimo sutarties projekte siūlomos procesinės taisyklės ir galimi jų trūkumai. Galiausiai pateikiamos įžvalgos dėl šiuo metu esamo žmogaus teisių apsaugos lygio Europoje pakankamumo, kurios iš dalies galėtų būti pagrindas vertinti Europos Sąjungos prisijungimo prie Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos poreikį. The article analyses human rights protection in Europe guaranteed in the legal systems of the European Union and the Council of Europe (i.e. the Convention for the Protection of Human Rights and Fundamental Freedoms). It examines case law of two regional judicial institutions (European Court of Human Rights and Court of Justice of the European Union) and certain problems of human rights protection in Europe. The article also assesses what impact the European Union accession to the Convention for the Protection of Human Rights and Fundamental Freedoms could have on the human rights protection in Europe; and analyses rules and procedures proposed in the draft Accession agreement, and their possible flaws. Finally, views on the current state of human rights protection in Europe are presented, which in a way gives a basis to question the need for the European Union to accede to the Convention.

In the light of the forthcoming accession of the European Union (EU) to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the article examines the human rights protection in Europe and presents situations, which demonstrate the lack of coherence and efficiency in the current system of protection. The article discusses how the EU accession to the ECHR will affect to the human rights protection in Europe. The article also analyses mechanisms and procedures proposed in the Draft Accession Agreement, including rules on the attribution of conduct, creation of the co-respondent mechanism and prior involvement of the EU Court of Justice in the procedure before the European Court of Human Rights. The proposed new system clarifies the complex issue of the responsibility of the EU and its Member States therefore ensuring legal certainty for individual applicants. Further, the accession should ensure better interaction between the co-existing human rights protection systems in Europe. However, the proposed co-respondent mechanism raises doubts due to its complexity; moreover, the prior involvement of the EU Court of Justice in the proceedings before the European Court of Human Rights might have a negative impact on the access to justice under the ECHR. The article also raises the question on the future application of the presumption of equivalent protection. Finally, it is summed up that the conclusion that the EU accession to the ECHR will certainly enhance the coherence and efficiency of human rights protection in Europe is premature.

In the light of the forthcoming accession of the European Union (EU) to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the article examines the human rights protection in Europe and presents situations, which demonstrate the lack of coherence and efficiency in the current system of protection. The article discusses how the EU accession to the ECHR will affect to the human rights protection in Europe. The article also analyses mechanisms and procedures proposed in the Draft Accession Agreement, including rules on the attribution of conduct, creation of the co-respondent mechanism and prior involvement of the EU Court of Justice in the procedure before the European Court of Human Rights. The proposed new system clarifies the complex issue of the responsibility of the EU and its Member States therefore ensuring legal certainty for individual applicants. Further, the accession should ensure better interaction between the co-existing human rights protection systems in Europe. However, the proposed co-respondent mechanism raises doubts due to its complexity; moreover, the prior involvement of the EU Court of Justice in the proceedings before the European Court of Human Rights might have a negative impact on the access to justice under the ECHR. The article also raises the question on the future application of the presumption of equivalent protection. Finally, it is summed up that the conclusion that the EU accession to the ECHR will certainly enhance the coherence and efficiency of human rights protection in Europe is premature.

In the light of the forthcoming accession of the European Union (EU) to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the article examines the human rights protection in Europe and presents situations, which demonstrate the lack of coherence and efficiency in the current system of protection. The article discusses how the EU accession to the ECHR will affect to the human rights protection in Europe. The article also analyses mechanisms and procedures proposed in the Draft Accession Agreement, including rules on the attribution of conduct, creation of the co-respondent mechanism and prior involvement of the EU Court of Justice in the procedure before the European Court of Human Rights. The proposed new system clarifies the complex issue of the responsibility of the EU and its Member States therefore ensuring legal certainty for individual applicants. Further, the accession should ensure better interaction between the co-existing human rights protection systems in Europe. However, the proposed co-respondent mechanism raises doubts due to its complexity; moreover, the prior involvement of the EU Court of Justice in the proceedings before the European Court of Human Rights might have a negative impact on the access to justice under the ECHR. The article also raises the question on the future application of the presumption of equivalent protection. Finally, it is summed up that the conclusion that the EU accession to the ECHR will certainly enhance the coherence and efficiency of human rights protection in Europe is premature.

In the light of the forthcoming accession of the European Union (EU) to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the article examines the human rights protection in Europe and presents situations, which demonstrate the lack of coherence and efficiency in the current system of protection. The article discusses how the EU accession to the ECHR will affect to the human rights protection in Europe. The article also analyses mechanisms and procedures proposed in the Draft Accession Agreement, including rules on the attribution of conduct, creation of the co-respondent mechanism and prior involvement of the EU Court of Justice in the procedure before the European Court of Human Rights. The proposed new system clarifies the complex issue of the responsibility of the EU and its Member States therefore ensuring legal certainty for individual applicants. Further, the accession should ensure better interaction between the co-existing human rights protection systems in Europe. However, the proposed co-respondent mechanism raises doubts due to its complexity; moreover, the prior involvement of the EU Court of Justice in the proceedings before the European Court of Human Rights might have a negative impact on the access to justice under the ECHR. The article also raises the question on the future application of the presumption of equivalent protection. Finally, it is summed up that the conclusion that the EU accession to the ECHR will certainly enhance the coherence and efficiency of human rights protection in Europe is premature.