Back to the Drawing Board? Opinion 2/13 of the Court of Justice on the Accession of the EU to the ECHR - Case note

Abstract

On 18 December 2014, the Court of Justice of the European Union (CJEU) has delivered its Opinion pursuant to Article 218 (11) TFEU on the EU’s accession to European Convention on Human Rights (ECHR) at the request of the European Commission. Sitting in full court, the CJEU found that the draft revised agreement on the accession of the European Union to the ECHR is incompatible with EU law. This paper gives a concise overview of the judgment, and provides some critical remarks.