Relationship_between_the_European_Court_of_Justice_and_European_Court_of_Human_Rights
European Union and the European Convention on Human Rights
Plan for EU accession to the ECHR
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]
This article needs to be updated. (June 2021) |
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]