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

Resumen

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.