The Relationship between the EU and the ECHR Five Years on from the Treaty of Lisbon
in Bernitz, de Vries, Weatherill eds, Five Years Legally Binding Charter of Fundamental Rights (Hart 2015)
21 Pages Posted: 12 Jan 2015
Date Written: January 8 2, 2015
There is some agreement that the human rights framework in Europe is complex and unsatisfactory. One of the elements rendering it so is the current relationship between the EU and the ECHR. This chapter focusses on that relationship, concentrating on the following topics:
I. Accession of the EU to the ECHR II. With or without accession, what EU cases might we expect to see litigated in Strasbourg? III. A comparison of existing different caselaw approaches of the CJEU and ECtHR. IV. The growth of a body of autonomous EU fundamental rights law (including discussion of the fact that the CJEU does not always take ECtHR caselaw into account despite Art 52(3) Charter).
This paper has been edited to take account of ECJ Opinion 2/13 decided on 18 December 2014.
Keywords: EU, Human Rights, European Convention on Human Rights, EU Charter of Fundamental Rights, international law, comparative law, international constitutional law
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