ECHR and EU membership

9.11.2006

WRITTEN QUESTION E-5000/06
by Geoffrey Van Orden (PPE‑DE)
to the Commission

I am astonished that I cannot get a straight answer to a simple question, namely: Is there any specific obligation (as opposed to a ‘fundamental link’) for a Member State to accede to the ECHR?

In reply, the Commissioner has stated that the question ‘does not arise since all Member States are already contracting parties to the ECHR’. Clearly, the question does arise, as I have asked it. It is particularly pertinent, if for any reason a Member State were to decide that it wished to withdraw from the ECHR and abide by a different framework, while remaining a member of the EU. While this may be controversial, I do not see anything in the Treaties that would forbid it and I wish to seek confirmation of this.

As my question was originally put on 4 July (E‑3198/06), I would appreciate a rapid reply.

OJ C 293, 05/12/2007