What next after Opinion 2/13 of the Court of Justice on the accession of the EU to the ECHR?

15-09-2016

Opinion 2/13 of the Court of Justice on the accession of the EU to the European Court of Human Rights highlights the requirements of the autonomy of EU law which may be called into question by accession. However not acceding does not truly guarantee this autonomy because Member States may be brought before the Court when they implement EU law. Under these conditions, both Article 6 TEU and the risks linked to the present situation call for a resumption of the negotiation process. Changes may be made to the draft agreement to meet the Court’s requirements, the current jurisdictional status of the CFSP being the most problematic factor.

Opinion 2/13 of the Court of Justice on the accession of the EU to the European Court of Human Rights highlights the requirements of the autonomy of EU law which may be called into question by accession. However not acceding does not truly guarantee this autonomy because Member States may be brought before the Court when they implement EU law. Under these conditions, both Article 6 TEU and the risks linked to the present situation call for a resumption of the negotiation process. Changes may be made to the draft agreement to meet the Court’s requirements, the current jurisdictional status of the CFSP being the most problematic factor.

Ārējais autors

Jean Paul JACQUÉ, Professeur émérite à l’Université de Strasbourg Directeur général honoraire au Conseil de l’Union européenne