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Table of Contents: I. Introduction. – II. Basic principles in the negotiations. – III. Negotiating the issues deriving from Opinion 2/13. – III.1. EU-specific mechanisms of the procedure before the ECtHR. – III.2. Inter-state applications and advisory opinions. – III.3. Mutual trust and mutual recognition. – III.4. CJEU competence over EU acts in the field of CFSP. – IV. Other issues.
Abstract: In this Article I first briefly touch on the history of EU accession to the European Convention on Human Rights, and the negotiations in 2010 to 2013. I then go through the main objections from the Court of Justice of the European Union in Opinion 2/13, and explain how these were addressed in the revised Draft Accession Agreement.
Keywords: EU accession to the ECHR – negotiations – Opinion 2/13 – human rights – Council of Europe – European Union.
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European Papers, Vol. 9, 2024, No 2, pp. 685-694
ISSN 2499-8249 - doi: 10.15166/2499-8249/777
* Chair of the 46/47+1 ad hoc negotiation group on the Accession of the EU to the ECHR, tonje.meinich@jd.dep.no.
