European Union and the European Convention on Human Rights information
Plan for EU accession to the ECHR
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The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties." The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed[by whom?] that the EU join as a member of the Council of Europe now that it has attained a single legal personality in the Lisbon Treaty.[1][2]
Protocol No. 14 of the ECHR entered into force on 1 June 2010. It allows the European Union to accede to the European Convention on Human Rights.[3]
On 5 April 2013, negotiators from the European Union and the Council of Europe finalised a draft agreement for the accession of the EU to the European Convention on Human Rights. As next steps, it is required that the European Court of Justice (ECJ) provides an opinion, subsequently that the EU member states provide unanimous support, that the European Parliament provides two-thirds majority support, and that the agreement is ratified by the parliaments of the Council of Europe's member states.[4][5][6]
However, a few months later, the ECJ declared (Opinion 2/13) the draft agreement to be incompatible with Article 6(2) of the Treaty of European Union,[7] thus bringing the accession process to a halt.
In 2020, negotiations resumed for EU accession after a multi-year pause following the ECJ opinion.[8]
^Juncker, Jean-Claude (2006). "Council of Europe – European Union: "A sole ambition for the European continent"" (PDF). Council of Europe. Retrieved 5 August 2008.
^"Draft treaty modifying the treaty on the European Union and the treaty establishing the European community" (PDF). Open Europe. 24 July 2007. Archived from the original (PDF) on 8 August 2007. Retrieved 5 August 2008.
^Council of Europe (19 February 2010). "Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the control system of the Convention CETS No.: 194".
^European Convention on Human Rights: Accession of the European Union Archived 16 July 2014 at the Wayback Machine, Council of Europe
^Gardner, Andrew (5 April 2013). "Breakthrough in EU bid to join Council of Europe". EuropeanVoice. Archived from the original on 25 April 2013.
^Gragl, Paul (2013). The accession of the European Union to the European Convention on Human Rights. Oxford. ISBN 978-1-84946-460-4. OCLC 825749404.{{cite book}}: CS1 maint: location missing publisher (link)
^European Court of Justice (18 December 2014). "OPINION 2/13 OF THE COURT (Full Court)".
^Council of Europe. "European Union accession to the European Convention on Human Rights - Questions and Answers". Retrieved 11 June 2021.
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