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Publishers Abstract:
Pursuant to Article 6(2) TEU, the Union shall accede to the European Convention for the Protection of Human Rights (ECHR) and Fundamental Freedoms. The Treaty of Lisbon actually mandates the institutions to join the ECHR. The formula shall accede is arguably a qualified commitment of means, rather than a genuine obligation of result: the finalization of the EU accession indeed requires several conditions to be met. Mirroring the EU provision, in 2010 a new Article 59(2) ECHR (the European Union may accede to this Convention) came into force. It lays out the Convention's legal basis for the first non-state entity to join the Council of Europe's judicial system for the protection of human rights. The accession agreement has to tackle a number of issues. Several adaptations of the ECHR system are needed, whilst account must be taken of the specificity of the EU legal order. In conclusion, the prior involvement mechanism is consistent with the ECHR system and meets the conditions imposed by EU primary law for the accession process, while protecting individual rights at best.
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