OPINION 2/13
Public International Law: Alternative Seminar


KEY REASONS WHY EU CANNOT BECOME PARTY OF THE ECHR
 Autonomy (para 179 et seq) = on international and MS’ laws
 Dispute resolution mechanism (Art. 344 TFEU) (para 201 et seq) – Solely the CJEU may decide on
disputes over interpretation and application of EU law
 The co-respondent mechanism (para 215 et seq) – the final say as to the division of powers between
EU and its member state would have the European Court of Human Rights
 A “prior involvement” of the CJEU (para 236 et seq) – a case with an EU-law element may arise,
which would find its way directly to Strasbourg, and therefore no involvement of CJEU

CONCLUSION
 The Accession to the ECHR would not be compatible with the EU primary law


DISCUSSION
 Pros and cons