Bulletin n. 1/2015 | ||
June 2015 | ||
Steve Peers |
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The EU’s Accession to the ECHR: The Dream Becomes a Nightmare | ||
in German Law Journal , vol. 16, issue 1 , 2015 , 213-222 | ||
Just before Christmas 2014, the Court of Justice of the European Union (CJEU or the Court) gave its long-awaited ruling on the European Union’s accession to the European Convention on Human Rights (ECHR). This ruling, Opinion 2/13, is a complex judgment that raises many legal questions. This case comment sets out: A summary of the ruling; an assessment of the consequences of the ruling; and an initial critique of the Court’s reasoning. On the latter point, the Court’s ruling is fundamentally flawed. In short, the Court is seeking to protect the basic elements of EU law by disregarding the fundamental values upon which the Union was founded. | ||