Law and Rights
There has been a Treaty obligation requiring the European Union (EU) to accede to the European Convention on Human Rights (E Conv HR) - Treaty on European Union Art 6(2).
On 18th December, the Court of Justice of the European Union (CJEU) ruled that the draft agreement on the accession of the European Union to the European Convention on Human Rights (ECHR) was not compatible with EU law.
See the Court's Opinion 2/13 and the associated Press release.
The CJEU is the ultimate authority on the interpretation of the law of the EU. The European Court of Human Rights - (which operates as an organ of the Council of Europe and not the EU) - is the ultimate authority on the meaning of the ECHR. It is fairly obvious that there could be a problem if two distinct courts held sway within the EU. However, it was widely thought that the proposed agreement would deal with any such problems. The CJEU, in a lengthy and complex opinion, disagreed. The following articles are well worth reading for more detailed discussion of the opinion and its potential consequences.
UK Constitutional Law blog 24th December
Cambridge Journal of International and Comparative Law 20th December
ECHR Blog 20th December
EU Law Analysis 18th December
Euractiv 19th December
Despite the obligation in the Treaty on European Union, Opinion 2/13 makes it highly difficult for the EU to proceed with accession. The CJEU seems to have been especially concerned to maintain its own position as the ultimate authority on the EU legal order. The way forward is not yet clear but the Treaty obligation remains in place.
- Is Repealing The Human Rights Act Compatible With Eu Law?
Steve Peers The new British government has indicated that it is determined to repeal the UK?s own Human Rights Act (HRA) in the near future. There are a number of legal and political problems with this idea, which are aptly summarised (with...
- Opinion 2/13 On Eu Accession To The Echr: Looking For The Silver Lining
Catherine Barnard, Trinity College, Cambridge Introduction Opinion 2/13 is a judgment for lawyers, not politicians, albeit one with major political ramifications. It engages in a detailed legal analysis of the relevant provisions of the Draft Accession...
- The Cjeu And The Eu?s Accession To The Echr: A Clear And Present Danger To Human Rights Protection
Steve Peers At long last, the CJEU has today delivered its ruling regarding the EU?s accession to the European Convention on Human Rights (ECHR). It?s a complex judgment that raises many legal questions. For now, this post seeks to provide:...
- Where We Are With Human Rights
Several recent post have looked at various aspects of human rights and its protection in the UK. This is an absolutely vital area of law and one where there is a clear political schism as to the future of human rights law in the UK. Barrister Adam...
- Grayling On Making The Supreme Court Supreme.
Updated 30th September: In an article in The Spectator, the present Secretary of State for Justice and Lord Chancellor (Chris Grayling MP) has set out his vision of the future relationship between the United Kingdom and 'Europe' - The Spectator...
Law and Rights
Will the EU accede to the European Convention on Human Rights?
On 18th December, the Court of Justice of the European Union (CJEU) ruled that the draft agreement on the accession of the European Union to the European Convention on Human Rights (ECHR) was not compatible with EU law.
See the Court's Opinion 2/13 and the associated Press release.
The CJEU is the ultimate authority on the interpretation of the law of the EU. The European Court of Human Rights - (which operates as an organ of the Council of Europe and not the EU) - is the ultimate authority on the meaning of the ECHR. It is fairly obvious that there could be a problem if two distinct courts held sway within the EU. However, it was widely thought that the proposed agreement would deal with any such problems. The CJEU, in a lengthy and complex opinion, disagreed. The following articles are well worth reading for more detailed discussion of the opinion and its potential consequences.
UK Constitutional Law blog 24th December
Cambridge Journal of International and Comparative Law 20th December
ECHR Blog 20th December
EU Law Analysis 18th December
Euractiv 19th December
Despite the obligation in the Treaty on European Union, Opinion 2/13 makes it highly difficult for the EU to proceed with accession. The CJEU seems to have been especially concerned to maintain its own position as the ultimate authority on the EU legal order. The way forward is not yet clear but the Treaty obligation remains in place.
- Is Repealing The Human Rights Act Compatible With Eu Law?
Steve Peers The new British government has indicated that it is determined to repeal the UK?s own Human Rights Act (HRA) in the near future. There are a number of legal and political problems with this idea, which are aptly summarised (with...
- Opinion 2/13 On Eu Accession To The Echr: Looking For The Silver Lining
Catherine Barnard, Trinity College, Cambridge Introduction Opinion 2/13 is a judgment for lawyers, not politicians, albeit one with major political ramifications. It engages in a detailed legal analysis of the relevant provisions of the Draft Accession...
- The Cjeu And The Eu?s Accession To The Echr: A Clear And Present Danger To Human Rights Protection
Steve Peers At long last, the CJEU has today delivered its ruling regarding the EU?s accession to the European Convention on Human Rights (ECHR). It?s a complex judgment that raises many legal questions. For now, this post seeks to provide:...
- Where We Are With Human Rights
Several recent post have looked at various aspects of human rights and its protection in the UK. This is an absolutely vital area of law and one where there is a clear political schism as to the future of human rights law in the UK. Barrister Adam...
- Grayling On Making The Supreme Court Supreme.
Updated 30th September: In an article in The Spectator, the present Secretary of State for Justice and Lord Chancellor (Chris Grayling MP) has set out his vision of the future relationship between the United Kingdom and 'Europe' - The Spectator...