Accession of the European Union to the ECHR

Abstract

Based on a universal understanding of the importance of fundamental human rights and the protection thereof, activists, academics and legal professionals alike have often pondered whether the European Union should accede to the European Convention of Human Rights. It is argued that accession would serve to ensure the protection and respect of these fundamental rights for and by all, yet numerous obstacles have halted the accomplishment of this ideal. This paper delves into these obstacles by primarily focusing on principles emerging from the case law of the Court of Justice of the European Union, as well as the European Court of Human Rights. It then proceeds to discuss Opinion 2/13 of the Court of Justice of the European Union and looks through the crystal ball to consider the consequences of this Opinion. It concludes by questioning whether accession under the terms posed by the Court of Justice of the European Union would indeed be beneficial for the protection of fundamental human rights in Europe.