VEZZANI-THE EU ACCESSION TO THE ECHR

2012-12-17T17:40:00Z

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Simone Vezzani

According to Article 6(2) TEU, as amended by the Treaty of Lisbon, “The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms”. Said Article has introduced the necessary legal basis for the EU accession to the ECHR, which was previously found lacking by the Court of Justice (ECJ, Opinion 2/94 [1996] ECR I-1759). From the point of view of the ECHR system, the accession to the Convention of a non-state entity like the EU has been made possible thanks to the entry into force (June 2010) of Protocol XIV, amending Article 59(2) ECHR.

The EU accession to the ECHR will mark an important step in filling the gap of accountability for HR violations by public authorities in Europe. It is true that the protection of human rights in the EU legal order has significantly improved, especially after the Lisbon Treaty has given the EU Charter of Fundamental Rights the same legal value as the Treaties. However, no independent external control still exists over the acts, measures or omissions of the European Union. Moreover, the EU accession will likely contribute towards consolidating common ‘constitutional’ values in the European legal space, by strengthening the connection between the two courts in Strasbourg and Luxembourg.[...]

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VEZZANI-THE EU ACCESSION TO THE ECHR