Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

33 Pages Posted: 30 Apr 2011  

Tobias Lock

University of Edinburgh School of Law

Date Written: April 28, 2011

Abstract

This contribution measures the first draft agreement on the accession of the EU to the ECHR by the strict requirements of autonomy of the EU legal order. It concludes that a review by the ECtHR would be compatible with the autonomy. However, the procedure before the ECtHR provided for in the draft agreement raises serious problems. Both the co-respondent mechanism and the prior involvement of the ECJ are well intended but may not pass the hurdles erected by the ECJ in its case law on the autonomy.

Keywords: EU accession ECHR, autonomy, co-respondent, prior involvement of the ECJ

Suggested Citation

Lock, Tobias, Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order (April 28, 2011). Common Market Law Review, Vol. 48, July/August 2011. Available at SSRN: https://ssrn.com/abstract=1825227

Tobias Lock (Contact Author)

University of Edinburgh School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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