Instruction

1. Please focus on the reasons why the Court of Justice of the EU (CJEU) decided in its Opinion
2/13 that the accession to the European Convention on Human Rights (ECHR) was incompatible with EU
law.

2. Please focus on the reasons why the CJEU decided in its Achmea judgment that certain provisions
of the treaty between Slovakia and Netherlands concerning the protection of investments are
incompatible with EU law.

3. Please read pages 43-53 of the Avotiŋš judgment and try to identify what is the European Court
of Human Rights’ view on (in) compatibility of the EU law with ECHR. In particular, I would
appreciate if you are able to explain what the so-called Bosphorus presumption refers to.


Thank you.

Zdeněk Nový