Volume 48 (2011)

Volume 48 (2011) / Issue 4

'The accession of the European Union to the European Convention on Human Rights and Fundamental Freedoms' (2011) 48 Common Market Law Review, Issue 4, pp. 995–1023

Abstract

After more than fifty years of debate on the relationship between the EC/EU and the ECHR, the Lisbon Treaty introduced a provision requiring, without any doubt, the Union to accede to the Convention: Article 6(2) TEU. After a brief historical review of the developments leading up to this step, the article analyses critically the present state of negotiations, on the basis of the draft texts produced by the CDDH informal working group on the accession of the European Union to the European Convention on Human Rights (CDDH-UE) with the European Commission. The most important topics concern the scope of accession, the extent of control over EU action and remedies. The question what status is to be given to the EU within the ECHR system is also addressed. The crucial issues of the division of responsibility between the Union and its Member States - including the proposed co-respondent system - and the possible means of involving the European Court of Justice in relation to alleged infringements of human rights are examined.

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ISSN: 0165-0750
ID: COLA2011041