Zagreb Law Review, Vol. 4 No. 1, 2015.
Review article
Autonomy of the European Union legal order in the procedure of accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms
Stjepan Novak
Abstract
On 18 December 2014, the Court of Justice of the European Union ruled (2/13) against the agreement on the accession of the European Union to the ECHR. One of the reasons was that the agreement might affect the special characteristics and autonomy of the Union. This was quite surprising, especially considering the stated reason, since the draft agreement on the accession of the European Union to the ECHR, which the author will attempt to present in this paper, took carefully into account the requirements to protect the autonomy of the EU legal order, even to the extent that the Convention would grant the European Union a status that places it “first among equals”, which makes it a particularly privileged High Contracting Party.
Keywords
European Union; European Convention for the Protection of Human Rights and Fundamental Freedoms; European Court of Human Rights; human rights protection; draft agreement on the accession of the European Union to the European Convention on Human Rights
Hrčak ID:
159389
URI
Publication date:
16.7.2015.
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