EU Accession to the ECHR: Between Autonomy and Adaptation

32 Pages Posted: 2 Mar 2013

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: March 2013

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 (ECtHR) and participate in statutory bodies of the Council of Europe (Parliamentary Assembly; Committee of Ministers) when they act under the Convention. Convention rights and their interpretation by the ECtHR will be directly enforceable against the EU institutions and against Member States when acting within the scope of EU law. This will vest the ECtHR with additional force in a number of Member States, including Germany and the UK. All Member States will further be subject to additional constraints when acting under the Convention system. The article considers the reasons for and consequences of the EU's primus inter pares position under the Convention and within the Council of Europe and the likely practical effect of the EU's accession for its Member States.

Keywords: European Union, European Convention on Human Rights, accession, Court of Justice, co‐respondent mechanism

Suggested Citation

Eckes, Christina, EU Accession to the ECHR: Between Autonomy and Adaptation (March 2013). The Modern Law Review, Vol. 76, Issue 2, pp. 254-285, 2013, Available at SSRN: https://ssrn.com/abstract=2227261 or http://dx.doi.org/10.1111/1468-2230.12012

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

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