ACCESSION OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS: OBJECTIVE NECESSITY OR ATTEMPT TO RECONCILE THE INCOMPATIBLE?
THE OPINION 2/13 OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
Keywords:
Human rights,, Court of Justice of the European Union,, Opinion 2/13,, European Convention for the Protection of Human Rights and Fundamental Freedoms,, Draft Agreement on Accession,, European Court of Human Rights.Abstract
The enactment of the Lisbon Treathas enabled the European Union to start negotiations on accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms as a collective member. The agreed draft agreement was submitted to the Court of Justice of the European Union, which was to address the issue of the draft’s compliance with the founding treaties of the European Union. Contrary to expectations, the Court of Justice issued a negative opinion on December 18, 2014, in fact blocking the process of EU accession to the Convention. This article examines the reasons why the EU has sought to accede to the Convention and provides a detailed analysis of the arguments put forward by the EU Court in support of its position.
