Columbia International Affairs Online: Working Papers

CIAO DATE: 04/2012

European Union accession to the European Convention on Human Rights: an institutional "marriage"

Konstantinos G. Margaritis

August 2011

Human Rights & Human Welfare (University of Denver)

Abstract

A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty. However, the whole argumentation regarding EU accession to ECHR had originated earlier, the first approach of the sensitive issue of fundamental rights. Technical problems arose from the other part as well. The ECHR was constructed for States to participate in so the accession of an organization such as the EU would demand significant amendments. A relevant proposal from the Council of Europe’s point of view was manifested in the Steering Committee for Human Rights (CDDH) Document DG-II 2002. protection at an EU level was directed by the ECJ that had envisaged the conceptual influence of the Convention to the EU and developed the doctrine of Community protection of fundamental rights.