Avoiding an Odyssey - The EU's Accession to the ECHR

4 Pages Posted: 11 Nov 2013

See all articles by Thomas Streinz

Thomas Streinz

European University Institute - Department of Law (LAW); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS); NYU School of Law - Guarini Global Law & Tech

Date Written: September 30, 2013

Abstract

Since 4 July 2013 the draft agreement for the EU’s accession to the ECHR has been under scrutiny by the ECJ. In this context, Daniel Thym opened up a debate, concerning whether the EU’s accession to the ECHR might be a “Trojan Horse” within the walls of EU law endangering its primacy. This article takes a different view: It argues that the ECJ can live up to its responsibility for the integrity of the EU legal order by asking for safeguards in EU law and by clarifying that the obligation to launch preliminary reference procedures remains unaffected.

Keywords: EU, ECHR, Accession, primacy of EU law, Court of Justice, ECtHR, human rights

Suggested Citation

Streinz, Thomas, Avoiding an Odyssey - The EU's Accession to the ECHR (September 30, 2013). Available at SSRN: https://ssrn.com/abstract=2352468 or http://dx.doi.org/10.2139/ssrn.2352468

Thomas Streinz (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa Schifanoia
Via Boccacio 121
Florence, Florence 50139
Italy

NYU School of Law - Guarini Global Law & Tech ( email )

40 Washington Square South
New York, NY 10012-1099
United States

HOME PAGE: http://www.guariniglobal.org

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
97
Abstract Views
555
Rank
581,426
PlumX Metrics