EU External Representation in Context: Accession to the ECHR as the Final Step of Mutual Recognition

PRINICIPPLES AND PRACTICES OF EU EXTERNAL REPRESENTATION, Steven Blockmans and Ramses A. Wessel (eds.), CLEER WP 2012/5

146 Pages Posted: 3 Jul 2012 Last revised: 12 Sep 2012

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: 2012

Abstract

After the European Union’s accession to the European Convention on Human Rights the EU will become subject to legally binding judicial decisions of the European Court of Human Rights and participate in statutory bodies of the Council of Europe when they act under the Convention. The accession negotiations have led to the establishment of a new co-respondent mechanism, including the possibility to refer a case pending before the ECtHR to the Court of Justice for a ‘preliminary assessment’. Many questions surround the EU’s accession to the ECHR. In what way is the EU’s position different from the other Contracting Parties? What are the reasons for and consequences of the EU’s primus inter pares position under the Convention and within the Council of Europe? How will the relationship change between the Court of Justice and the ECtHR? What does the EU’s accession mean for its Member States?

Keywords: European Union, European Convention on Human Rights, accession, court of justice, co-respondent mechanism

Suggested Citation

Eckes, Christina, EU External Representation in Context: Accession to the ECHR as the Final Step of Mutual Recognition (2012). PRINICIPPLES AND PRACTICES OF EU EXTERNAL REPRESENTATION, Steven Blockmans and Ramses A. Wessel (eds.), CLEER WP 2012/5, Available at SSRN: https://ssrn.com/abstract=2098945 or http://dx.doi.org/10.2139/ssrn.2098945

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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