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http://www.euractiv.com/sections/eu-priorities-2020/court-just...
06/01/2015 09:54
Court
of Justice individuals
rejects draft agreement
of EU
accession to EU
...
Currently,
cannot
challenge
http://www.euractiv.com/sections/eu-priorities-2020/court-just...
laws and
practices at the European Court of
Human Rights in the same way that they can challenge national laws and practices
However, individual EU member states can be and have been held accountable in
Strasbourg for putting into practice decisions agreed at the EU level
The Lisbon Treaty also provided the EU with its own Charter of Fundamental Rights,
overseen by the CJEU, which is now dealing with a growing number of cases relating to
fundamental rights in EU countries
The EUs accession to the ECHR is expected to address these issues, creating a single,
comprehensive and coherent legal framework for protecting human rights across the
continent.
Following almost three years of technical discussions, a draft agreement was finalised
by negotiators from the 47 Council of Europe countries and the EU Commission in April
2013.
In July 2013, the European Commission asked the CJEU for an opinion as to whether the
draft agreement is compatible with the EU treaties.
Following a hearing in May 2014, this opinion was delivered yesterday.
The Court observes that first of all that, as a result of accession of the EU to the ECHR, the
latter, like any other international agreement concluded by the EU, would be binding upon
the institutions of the EU and on its member states, and would therefore form an integral
part of EU law.
External control
In that case, the EU would be subject to external control to ensure the observance of the
rights and freedoms provided for by the ECHR. The EU and its institutions would thus be
subject to the control mechanisms provided for by the ECHR and, in particular, to the
decisions and judgments of the European Court of Human Rights (the ECtHR, which is not
a European Union institution).
The Court notes that it is admittedly inherent in the very concept of external control that, on
the one hand, the interpretation of the ECHR provided by the ECtHR would be binding on
the EU and all its institutions and that, on the other, the interpretation by the Court of Justice
of a right recognised by the ECHR would not be binding on the ECtHR.
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However, it states that that cannot be the case as regards the interpretation of EU law,
Court
of Justicethe
rejects
draft agreement
of EU accession
...
including
Charter,
provided
by thetoCourt
itself. http://www.euractiv.com/sections/eu-priorities-2020/court-just...
EXTERNAL LINKS:
http://www.euractiv.com/sections/eu-priorities-2020/court-just...
European Court of Justice: 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
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