The European Court of Justice blocks the EU’s accession to the ECHR. CEPS Commentary, 8 January 2015

Łazowski, Adam and Wessel, Ramses A. (2015) The European Court of Justice blocks the EU’s accession to the ECHR. CEPS Commentary, 8 January 2015. [Policy Paper]

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Abstract

The goal of accession to the European Convention of Human Rights (ECHR) is to place the EU under the external oversight of the specialised court in Strasbourg. But in its Opinion of 18 December 2014 the Luxembourg-based European Court of Justice ruled that the draft accession agreement is not compatible with the EU treaties. In this commentary the authors argue that this would force EU member states to renegotiate the terms of accession to the ECHR. But meeting the demands made by the Court of Justice will prove to be very difficult.

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