Autonomy and Fundamental Rights: The ECJ’s Opinion 2/13 on Accession of the EU to the ECHR
EUROPARÄTTSLIG TIDSKRIFT (Swedish European Law Journal) special edition 2016, Festschrift for Ulf Bernitz (eds. J Paju, A Ward, P Watson)
16 Pages Posted: 21 Mar 2016
Date Written: March 20, 2015
On 18 December 2014, the ECJ delivered its long awaited Opinion 2/13 on the compatibility with EU law of the draft agreement for EU accession to the ECHR. The ECJ concluded, to the great surprise of many, that the accession agreement is not compatible with EU law. Indeed it found so many obstacles with the agreement that it has now rendered accession very difficult indeed, if not impossible. This paper argues that Opinion 2/13 pays too much attention to the autonomy of EU law and does not sufficiently respect human rights.
Keywords: Human Rights, EU law, ECHR, European Court of Justice, autonomy, international organisations
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