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- Title
THE EU'S ACCESSION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS: AN INTERNATIONAL LAW PERSPECTIVE.
- Authors
ODERMATT, JED
- Abstract
Article 6(2) of the Treaty on European Union establishes that the Union "shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms." In early 2013, negotiators for the forty-seven Council of Europe member states and the European Union finalized a draft Accession Agreement that would allow the EU to accede to the Convention. This article examines the issues and challenges that EU accession poses from an international law perspective. Much of the literature on the EU accession has focused on the effect that this process will have on the EU legal order, including questions regarding its autonomy. Yet EU accession also raises important issues for international law. It is another example of an international organization taking part in a legal system designed exclusively for participation by state parties. To what extent should the EU participate on an equal footing with the other contracting parties, and when are special rules required to take into account the nature of the EU legal order? This article explores the broader issues that arise when the EU seeks to participate in its own right in the international legal order. It is submitted that the EU's accession to the ECHR is not only an important step for the EU legal order, but also a highly significant development for public international law. On December 18, 2014, the Court of Justice of the European Union delivered Opinion 2/13 in which it found that the Draft Agreement on the European Union's Accession to the European Convention on Human Rights is not compatible with EU law. A discussion of the Opinion and the Court's reasoning will be included in issue 47.4 of this Journal. The present article focuses on the international law issues involved in EU Accession.
- Subjects
EUROPEAN Union countries; TREATY on European Union (1992); EUROPEAN Union membership; INTERNATIONAL law; INTERNATIONAL cooperation on human rights; COURT of Justice of the European Union; EUROPEAN Court of Human Rights; JURISDICTION; INTERNATIONAL agencies
- Publication
New York University Journal of International Law & Politics, 2014, Vol 47, Issue 1, p59
- ISSN
0028-7873
- Publication type
Article