Opinion of the EU court on the accession of the EU to the ECHR
19-12-2014, 11:34  / ნანახია: 1979

The Court of Justice delivers its opinion on the draft agreement on the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms and identifies problems with regard to its compatibility with EU law. 


"The Court analyses the specific characteristics of EU law as regards judicial review in matters of the common foreign and security policy (‘CFSP’). It notes that, as EU law now stands, certain acts adopted in the context of the CFSP fall outside the ambit of judicial review by the Court. That situation is inherent to the way in which the Court’s powers are structured by the Treaties, and, as such, can only be explained by reference to EU law alone. Nevertheless, on the basis of accession as provided for by the draft agreement, the ECtHR would be empowered to rule on the compatibility with the ECHR of certain acts, actions or omissions performed in the context of the CFSP, notably those whose legality the Court cannot, for want of jurisdiction, review in the light of fundamental rights. Such a situation would effectively entrust, as regards compliance with the rights guaranteed by the ECHR, the exclusive judicial review of those acts,actions or omissions on the part of the EU to a non-EU body. Therefore, the draft agreement fails to have regard to the specific characteristics of EU law with regard to the judicial review of acts, actions or omissions on the part of the EU in the area of the CFSP.
In the light of the problems identified, the Court concludes that the draft agreement on the accession of the European Union to the ECHR is not compatible with EU law."
More about the opinion of the EU Court:
euobserver - Court crushes EU plan to join human rights convention;
EU Law Analysis- Blog of Steve Peers, a professor of EU and human rights law at the University of Essex


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