|Author (Corporate)||Court of Justice of the European Union|
|Series Details||Opinion 2/13|
|Content Type||News, Overview|
The Court of Justice of the European Union (CJEU) delivered on 18 December 2014 its Opinion on the draft agreement on the accession of the European Union (EU) to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It identified a number of problems with regard to its compatibility with EU law.
The ECHR is a multilateral international agreement concluded in the Council of Europe (CoE). All CoE members are parties to the ECHR.
Following the agreement on a draft EU accession document, the European Commission asked the Court of Justice to give its Opinion on the compatibility of the draft agreement with EU law.
By an Opinion given in 1996, the Court had then concluded that, as Community law stood at the time, the European Community had no competence to accede to the ECHR. However, the proclamation of the Charter of Fundamental Rights of the European Union by the EU institutions and the legal value later attributed to it by the Treaty of Lisbon solved the lack of legal basis for the EU’s accession to the ECHR. Even so, since the EU cannot be considered a State, such accession must take into account the particular characteristics of the EU, according to the Court of Justice.
|Subject Tags||Court of Justice of the European Union [CJEU], Fundamental | Human Rights|
|Keywords||European Convention on Human Rights [ECHR]
|International Organisations||Council of Europe [CoE], European Union [EU]|