The Parliament and Commission: still supporting accession to the Human Rights Convention
On 26 February the European Parliament’s committees on Constitutional Affairs (AFCO) and Civil Liberties, Justice and Home Affairs (LIBE) had a joint meeting that included a presentation of the opinion by the Court of Justice of the European Union (CJEU) on accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Claude Moraes MEP, Chair of LIBE and Danuta Maria Hubner MEP, Chair of AFCO both reiterated the Parliament’s commitment to accession.
In June 2014, CJEU Advocate-General Juliane Kokott delivered her opinion following the European Commission’s request on accession of the EU to the ECHR. While outlining the difficulties that need to be overcome, she concluded that accession is compatible with the treaties. However, the CJEU considered the draft agreement to be incompatible with EU law, and therefore it does not allow for accession. Ricardo Passos, Director of the Parliament’s Legal Service, outlined some of the obstacles to accession such as the autonomy of EU law, issues with regards to protocol 16 to the Convention that has not yet been ratified, issues of joint-responsibility of cases and who has the right to interpret laws. However, Mr Passos believes that solutions can be found to these obstacles. Dr Hannes Krämer, negotiator on behalf of the European Commission’s Legal Service, was doubtful that CJEU’s objections can be easily remedied and believes it will be necessary to reopen negotiations between the EU and Council of Europe. Dr Krämer reassured the audience that the Commission remains committed to accession, with the support of President Jean-Claude Juncker and Vice-President Frans Timmermans.
Read also: Joint statement by Amnesty International, the International Commission of Jurists and AIRE Centre.
