Opinion 2/13 on accession to the ECHR: defending the EU legal order against a foreign human rights court

Publishers Abstract
In Opinion 2/13 the CJEU declared that the draft Agreement for Accession of the EU to the ECHR is not compatible with primary EU law, based on a number of objections. This article presents the Opinion and divides the Court’s objections in three categories: concerns which are misconceived and should not have been raised by the CJEU at all; concerns for the CJEU’s own jurisdiction which are more persuasive, but whose importance is exaggerated by the Court; and concerns to preserve a different standard of fundamental rights protection in EU law derogating from the minimum standard of the Convention—a radical (and unjustified) objection, which cannot be mended by simply modifying the Accession Agreement and which makes accession next to impossible.

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

ESO: Background information: Opinion 2/13: 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 http://www.europeansources.info/record/opinion-2-13-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-free/

ESO: Background information: Editorial comments: The EU’s Accession to the ECHR – a 'NO' from the ECJ! http://www.europeansources.info/record/editorial-comments-the-eus-accession-to-the-echr-a-no-from-the-ecj/

Blog: Verfassungsblog: Focus: Union meets Convention: How to move on with accession after CJEU Opinion 2/13 http://verfassungsblog.de/category/schwerpunkte/union-meets-convention-how-to-move-on-with-accession-after-cjeu-opinion-213-de-de-de-de/

Blog: EU Law Analysis, 18.12.14: The CJEU and the EU’s accession to the ECHR: a clear and present danger to human rights protection http://eulawanalysis.blogspot.co.uk/2014/12/the-cjeu-and-eus-accession-to-echr.html

The European Court of Justice blocks the EU’s accession to the ECHR http://www.europeansources.info/record/the-european-court-of-justice-blocks-the-eus-accession-to-the-echr/

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