ACCESSION OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS: A KEY ROLE (TO BE) PLAYED BY THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE

Andrew Drzemczewski

ACCESSION OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS

A KEY ROLE (TO BE) PLAYED BY THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE

Authors

Andrew Drzemczewski Middlesex University

Keywords:

União Européia, European Union, Accession Agreement, accession of EU, European Parliament, ECHR, Joint Informal Body of PACE/EP, Parliamentary Assembly, the Strasbourg Court

Abstract

The European Union (EU) is duty-bound to accede to the European Convention on Human Rights (ECHR): Article 6 § 2 of the Treaty on European Union (TEU) stipulates that the EU “shall” accede to the ECHR. If and when this happens, the Parliamentary Assembly of the Council of Europe has a key role to play in this procedure, not only by providing an Opinion on the arrangements agreed beforehand but, more importantly, it will need to set-up an internal procedure for the election of a judge onto the European Court of Human Rights in respect of the EU. This article provides an overview of the presently suspended negotiations with the EU, with particular emphasis placed upon negotiations undertaken so far, and those which must still be envisaged upon EU accession, to ensure a ‘representativity’ of the European Parliament (EP) within the Assembly when the latter elects judges onto the Court in Strasbourg.

Author Biography

Andrew Drzemczewski, Middlesex University

Visiting Professor, Middlesex University School of Law, London, UK; former Head of the Parliamentary Assembly’s Legal Affairs and Human Rights Department, Council of Europe, Strasbourg, France.

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Published

2018-12-15

How to Cite

Drzemczewski, A. (2018). ACCESSION OF THE EUROPEAN UNION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS: A KEY ROLE (TO BE) PLAYED BY THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE. Journal of the Brazilian Institute of Human Rights, 17(17/18), 11–20. Retrieved from https://revista.ibdh.org.br/index.php/ibdh/article/view/371

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Issue

No. 17/18 (2018)

Section

Articles

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