Florian HupfaufDer Beitritt der EU zur Europäischen Menschenrechtskonvention

About this book deutschenglish

The EU’s accession to the ECHR has been under discussion for over 4 decades. After many years of negotiations a Draft Accession Agreement between the European Union and the Council of Europe was finally signed in April 2013. On 18 December 2014, the European Court of Justice delivered its Opinion 2/13 in which it concluded, to the great surprise of many, that the Accession Agreement is not compatible with EU law. In fact the Court found so many legal obstacles that it has rendered accession very difficult, if not, as many commentators have noted, impossible.

This book covers numerous aspects of the EU’s accession to the ECHR. As a starting point a quick overview of both human rights regimes is given. Subsequently the author presents the reasons for accession as well as the legal foundations and the main points of the Draft Accession Agreement. The main focus lies on the analysis of the ECJ’s Opinion 2/13.