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

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