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The Accession of the European Union to the ECHR: A Gift for the ECHR’s 60th Anniversary or An Unwelcome Intruder at the Party?

Author:

Martin Kuijer

VU University Amsterdam, NL
About Martin
Professor Martin Kuijer is senior adviser on human rights to the Minister of Security and Justice and professor of human rights. This article reflects his personal views; the views set forth in § 4, in particular, do not necessarily reflect the official position of the Dutch government. A Dutch version of this article was published previously in Nederlands Tijdschrift voor Mensenrechten 2010, pp. 932-947.
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Abstract

This article outlines the European Union’s gradual progression towards a legal obligation to observe human rights: a series of stops and starts from Brussels to Strasbourg with a starring role for Luxembourg and significant supporting roles for Berlin and Karlsruhe. This commitment towards human rights will acquire a new dimension. The Lisbon Treaty requires the European Union to accede to the European Convention on Human Rights (ECHR). With the entry into force of the 14th Protocol to the ECHR, Strasbourg too is now ready to accept the EU as a party to the Convention. But the real work is still to come: the negotiations about the modalities of the accession are underway. This article looks at the main subjects for discussion. Is the EU, as a new party to the ECHR, the ultimate anniversary gift for Strasbourg, or is it a potentially troublesome guest at the party?

Keywords: human rights
How to Cite: Kuijer, M., 2011. The Accession of the European Union to the ECHR: A Gift for the ECHR’s 60th Anniversary or An Unwelcome Intruder at the Party?. Amsterdam Law Forum, 3(4), pp.17–32. DOI: http://doi.org/10.37974/ALF.200
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Published on 01 Sep 2011.
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