''Opinion 2/13'' (2014) is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case determined by the
European Court of Justice, concerning the accession of the European Union to the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
, and more generally the
relationship between the European Court of Justice and European Court of Human Rights.
Facts
In 2014, the
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
asked the
full court
A full court (less formally, full bench) is a court of law sitting with a greater than normal number of judges. For a court which is usually presided over by one judge, a full court has three or more judges; for a court which, like many appellate ...
of the ECJ whether, in its view, the 2013 Draft Agreement between the European Union and the Council of Europe on accession of the EU to the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
was compatible with the Treaties.
Opinion of the Court
The
Court of Justice held that the EU could not accede to the
ECHR under the Draft Agreement. It held the Agreement was incompatible with
TEU article 6(2). Its reasons suggested the Draft Agreement (a) undermined the Court of Justice's autonomy; (b) allowed for a second dispute resolution mechanism among member states, against the treaties; (c) the "co-respondent" system, which allowed the EU and a member state to be sued together, allowed the ECtHR to illegitimately interpret EU law and allocate responsibility between the EU and member states; (d) did not allow the Court of Justice to decide if an issue of law was already dealt with, before the ECtHR heard a case; and (e) the ECtHR was illegitimately being given power of judicial review over Common Foreign and Security Policy.
[at 249–257]
See also
*
European Union law
Notes
References
*
, in Diritto pubblico europeo rassegna online, febbraio 2017* *
External links
* [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62013CV0002 Opinion 2/13: Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms]
{{DEFAULTSORT:Opinion 2 13
Court of Justice of the European Union case law