End of an Epic? The Draft Agreement on the EU's Accession to the ECHR
Yearbook of European Law, 2012
56 Pages Posted: 19 Sep 2012
Date Written: December 15, 2011
This contribution aims to analyze and assess the draft agreement on the European Union’s (EU) accession to the European Convention on Human Rights (ECHR). The paper first discuss the effects which accession will have on the system of human rights protection under the ECHR focusing on the most relevant features of the accession agreement, such as the co-respondent mechanism and the prior involvement of the ECJ. The second part of this contribution explores the future status of the ECHR in the EU’s legal order. It is argued that accession will not affect the status quo of fundamental rights protection before the EU's courts or domestic courts in any material way. Nonetheless, accession is to be welcomed as it will allow for full external scrutiny by the European Court of Human Rights.
Keywords: EU, ECHR, accession, human rights, charter of fundamental rights, council of europe
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