Abstract
A possible accession of European Union (hereinafter: EU/the Union) to the European Convention on Human Rights (ECHR/the Convention) has been discussed in legal society for more than thirty years. The topic had widely opened after the 1979 Commission Memorandum where the major pros and cons were underlined and practical problems were addressed. This discussion led to an official request to the European Court of Justice (ECJ/the Court) in relation to the legality of such accession; the outcome was included in opinion 2/94 that found such accession incompatible with the European Community (EC/the Community) Treaty.
© Konstantinos G. Margaritis. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
Copyright Statement / License for Reuse
All Rights Reserved.
Publication Statement
Copyright is held by the author. User is responsible for all copyright compliance.
Recommended Citation
Margaritis, Konstantinos G.
(2011)
"European Union Accession to the European Convention on Human Rights: An Institutional “Marriage”,"
Human Rights & Human Welfare: Vol. 11:
Iss.
1, Article 26.
Available at:
https://digitalcommons.du.edu/hrhw/vol11/iss1/26
Included in
Eastern European Studies Commons, European Law Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, International Relations Commons, Other International and Area Studies Commons, Transnational Law Commons