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EU-ECHR: Accession on the CJEU's terms would reduce the level of human rights protection, particularly in JHA matters

18 December 2014

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"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: a summary of the ruling; an assessment of the consequences of the ruling; and an initial critique of the Court’s reasoning. On the latter point, the Court’s ruling is fundamentally flawed. In short, the Court is seeking to protect the basic elements of EU law by disregarding the fundamental values upon which the Union was founded."

See the full-text: The CJEU and the EU’s accession to the ECHR: a clear and present danger to human rights protection (EU Law Analysis, link)

Plus: The Court of Justice delivers its opinion on the draft agreement on the accession of the European Union to the European Convention for the protection of Human Rights and Fundamental Freedoms and identifies problems with regard to its compatibility with EU law (Press Release, pdf) and: Full-text Opinion (pdf) see also: Court crushes EU plan to join human rights convention (euobserver, link)

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