Litigating Human Rights Disputes Against the EU and the Member States: Some Reflections in Light of Opinion 1/17

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Table of Contents: I. Introduction. – II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the European Convention of Human Rights (ECHR). – III. Overview of the internalisation model. – IV. Adaptability of the internalisation model to human rights litigation. – V. Conclusions.

Abstract: The participation of the EU in international dispute settlement has been the subject of a lively academic debate in recent years. This debate was fuelled by some landmark decisions of the CJEU, which has rejected the compatibility with EU law of the Draft Accession Agreement to the ECHR in Opinion 2/13, while giving the green light to the CETA Investment Court System in Opinion 1/17. In light of the Court’s main findings in the latter Opinions, this Article claims to assess the adaptability of the model dispute settlement developed under CETA to the ECHR.

Keywords: ECHR – human rights – dispute settlement – CETA – investment court system – internalisation model.

European Papers, Vol. 6, 2021, No 1, pp. 693-712
2499-8249 - doi: 10.15166/2499-8249/495

* Assistant Professor of EU Law, University of Cagliari,
** Research Assistant, Utrecht University,


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