THE CHALLENGES AND CONSEQUENCES OF IMPLEMENTATION OF THE UN CRPD FOR THE EUROPEAN UNION, WITH A FOCUS ON ACCESSIBILITY

By Stelios Charitakis

Main objective

The implications of the accession of the UNCRPD in the EU, on the ground of accessibility. How this accession would affect the laws and policies of the EU?

Research questions

1. What is ‘accessibility’ in the context of UNCRPD?

2. What is the nature of the obligations generated by article 9 UN CRPD, in relation to accessibility?

3. How these obligations will be implemented in EU law and policies?

4. Who should implement these obligations in the field of shared competences, the Member States or the EU?

Methodology

Vienna Convention on the Law of the Treaties (VCLT)

1. Literal Interpretation

2. Historical Interpretation

3. Systematic Interpretation

4. Teleological Interpretation The works of the UN Committee on the rights of persons with disabilities UN General Comments and other instruments of the UN Relevant legal doctrine National legislation and case law

Methodology

Competences in specific fields-Inductive method (from the special to the general)

1. EU legal instruments-Preamble and Content (special)

2. Identify the reasons behind the adoption of the instrument

3. Identify the reasons for the inclusion of the provision about accessibility

4. Conclude the extend of the competence declared in each instrument related to accessibility in each section

5. Combine the competences of each instrument in each section separately and discover the competence of each section (general)

Not exercised competences

1. Barriers of persons with disabilities in each field

2. Obligations of Article 9&2 UNCRPD

THANK YOU FOR YOUR ATTENTION

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