Lock, Tobias
(2011)
Walking on a tightrope: The draft ECHR Accession agreement and the autonomy of the EU legal order.
Common Market Law Review, 48 (4).
pp. 1025-1054.
ISSN 0165-0750
Abstract
The ongoing negotiations on accession of the European Union to the European
Convention on Human Rights (“ECHR” or “Convention”) prove to be a difficult
task for the negotiators. Since the accession involves the unusual occurrence
of a supranational organization signing up to a sophisticated system of
human rights protection, this does not come as a surprise. Apart from the political
difficulties of obtaining the consent of forty-seven signatories to the
Convention and of the EU’s institutions and Member States, the requirements
of two very different legal orders need to be brought in line. From the point of
view of European Union law, the most prominent obstacle to an integration of
the EU into the external supervision mechanism of the Convention is the autonomy
of the EU legal order. From the very start of the negotiations it has been
clear that that autonomy, which is jealously policed by the Court of Justice of
the European Union, would be a major issue for the negotiators. This contribution
is therefore dedicated to the intricacies which the negotiators, and potentially
the ECJ, face in this respect. It refers to the different versions of a draft
agreement published by the informal working group on accession.1 It contains
a critical analysis of the draft with regard to the autonomy of the EU’s legal
order but also makes more general comments on whether the proposed solutions
would be workable.
| Item Type: |
Article
|
| Keywords: |
ECHR; accession agreement; EU legal order; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
11839 |
| Depositing User: |
Tobias Lock
|
| Date Deposited: |
22 Nov 2019 16:45 |
| Journal or Publication Title: |
Common Market Law Review |
| Publisher: |
Kluwer Law International |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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