No. 24: Bridging the Gaps in Human Rights Protections: The Potential Impact of the European Union’s Accession to the European Convention on Human Rights

Details

Author(s):
  • Grace Zhou
Publish Date:
August 9, 2017
Publication Title:
European Union Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Grace Zhou, Bridging the Gaps in Human Rights Protections: The Potential Impact of the European Union's Accession to the European Convention on Human Rights, EU Law Working Papers No. 24, Stanford-Vienna Transatlantic Technology Law Forum (2017).
Related Organization(s):

Abstract

Advocates of the European Union’s accession to the European Convention on Human Rights (ECHR) have argued that accession would eliminate the gaps in human rights protections in Europe. Nevertheless, the European Court of Justice (ECJ) recently ruled in Opinion 2/13 that the Draft Accession Agreement (DAA) is incompatible with EU law. Notwithstanding the current impasse, this paper evaluates the practical impact accession would have on the EU’s human rights regime. In particular, it examines the benefits and drawbacks of binding the EU as a supranational entity. I argue that accession will not render the European Court of Human Rights (ECtHR) the “Supreme Court” of the EU. Rather, it would inspire greater judicial dialogue between the ECtHR and the ECJ by (1) harmonizing human rights obligations across all EU secondary legislation and institutions, and (2) establishing an official mechanism for dialogue between the two courts.