Opinion 2/13 (Accession of the European Union to the European Convention on Human Rights)
The draft agreement for the EU's accession to the European Convention on Human Rights was incompatible with the EU Treaties, because it threatened the autonomy of EU law.
Facts
Article 6(2) of the Treaty on European Union, introduced by the Treaty of Lisbon, requires the EU to accede to the European Convention on Human Rights. After negotiations with the Council of Europe, a draft accession agreement was prepared. The Commission asked the Court of Justice for an opinion on whether the draft agreement was compatible with the EU Treaties.
Legal principle
The Court of Justice held that the draft agreement was not compatible with the Treaties. It said that the agreement was liable adversely to affect the specific characteristics and the autonomy of EU law, because, among other things, it did not ensure coordination between the Convention and the Charter of Fundamental Rights, it failed to take account of the principle of mutual trust between Member States, it allowed the European Court of Human Rights to rule on the interpretation of EU law without the Court of Justice first having an opportunity to do so, and it would give the Strasbourg court jurisdiction over matters of common foreign and security policy that are outside the Court of Justice's jurisdiction.
Related cases on general principles and fundamental rights
- Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres Case C-236/09, [2011] ECR I-773
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources Joined Cases C-293/12 and C-594/12, EU:C:2014:238
- Elliniki Radiophonia Tiléorassi AE (ERT) v Dimotiki Etairia Pliroforissis Case C-260/89, [1991] ECR I-2925
- Google Spain SL v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case C-131/12, EU:C:2014:317
- Hauer v Land Rheinland-Pfalz Case 44/79, [1979] ECR 3727
- Kadi and Al Barakaat International Foundation v Council and Commission Joined Cases C-402/05 P and C-415/05 P, [2008] ECR I-6351
- Nold v Commission Case 4/73, [1974] ECR 491
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