Council of Europe Secretary General Thorbjarn Jagland welcomed the agreement reached by the negotiators: “This is a decisive step that paves the way for EU accession to the European Convention on Human Rights. It will contribute to the creation of a single European judicial area and will provide the missing link to the European system for the protection of fundamental rights. Selected scientific articles and other studies on the European Union`s accession to the European Convention on Human Rights Here is a selection of scientific articles on the European Union`s accession to the European Convention on Human Rights, including Opinion 2/13 of 18 December 2014 by the European Court of Justice and proposals to overcome the legal obstacles found there. The list is not exhaustive. The Convention defines many of the rights outlined in the EU Charter of Fundamental Rights and stipulates that these rights must be interpreted by the European Court of Human Rights. Official discussions on the European Union`s accession to the European Convention on Human Rights began on 7 July 2010 and have become a legal obligation under Article 6, paragraph 2 of the Lisbon Treaty, which came into force on 1 December 2009. On 4 June 2010, EU justice ministers gave the European Commission a mandate to conduct negotiations on their behalf. On 26 May 2010, the Council of Europe`s Committee of Ministers gave its Human Rights Steering Committee (HRDC) an ad hoc mandate to develop, in cooperation with the European Commission, the legal instrument necessary for accession. The CDDH has entrusted this task to the informal working group CDDH-EU. It was made up of 14 experts from Council of Europe member states (7 from EU Member States and 7 from non-EU countries).
The group held eight meetings between July 2010 and June 2011. – Membership will also strengthen the EU`s credibility in the eyes of third countries, which the EU regularly calls for respecting the ECHR in its bilateral relations. 187. … Article 53 of the Charter provides that nothing should be interpreted in the sense that it limits or affects the fundamental rights recognised in their respective areas of application by EU and international law, as well as by international conventions to which the Union or all Member States are parties, including the ECHR, and by the constitutions of the Member States. 235. After all this, it should be noted that the operating procedures of the mechanism of opponents of recourse, provided for by the proposed agreement, do not guarantee compliance with the specific characteristics of EU and EU law. 199. Since the proposed agreement does not provide for a provision on the relationship between the mechanism established by Protocol 16 and the decision-making procedure under Article 267 of the EUTF, the proposed agreement may impair the autonomy and effectiveness of the latter procedure.
The negotiations resulted in an agreement at the negotiating level on a comprehensive set of legal instruments defining the terms of the European Union`s accession to the European Convention on Human Rights (see interim report of the CDDH to the Committee of Ministers, CM (2013) 93add1, 9 July 2013). On 18 December 2014, the European Court of Justice issued its opinion 2/13 in which it concluded that the European Union`s accession agreement to the European Convention on Human Rights was not compatible with Article 6, 2 of the Treaty on the European Union or protocol 8 on Article 6, paragraph 2, of the Treaty on the European Union on EU accession to the European Convention on Human Rights.