The European Court of Justice blocks the EU's accession to the ECHR

Lazowski, Adam and Wessel, Ramses (2015) The European Court of Justice blocks the EU's accession to the ECHR. CEPS Commentary, 40.

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Official URL: http://www.ceps.eu/node/9942

Abstract

The European Court of Justice delivered a long-awaited opinion on the accession of the European Union to the European Convention of Human Rights (Opinion 2/13) on 18 December 2014. To the surprise of many, the judges in Luxembourg held that the draft Accession Agreement is not compatible with the EU treaties because it undermines the autonomy of EU law. As a consequence, the negotiators will be called back to the drawing board to take the Court’s conclusions into account, or to come up with other solutions. The Accession Agreement would require a major revision, not just cosmetic changes. Moreover, any deal would require the consent of all ECHR contracting parties, including Turkey and Russia. With this opinion, the Court of Justice went against the will of the member states and has thus put itself on a collision course with them.

Item Type: Article
Subjects: University of Westminster > Westminster Law School
Depositing User: Dr Jennifer Basford
Date Deposited: 22 Jan 2015 12:04
Last Modified: 22 Jan 2015 12:04
URI: http://westminsterresearch.wmin.ac.uk/id/eprint/14854

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