×
ECR

Court opinion on EU’s ECHR accession confirms incompatibility with EU law

18 December 2014

Court opinion on EU’s ECHR accession confirms incompatibility with EU law

A European Court of Justice (ECJ) opinion on proposals to accede the EU to the European Convention of Human Rights (ECHR) has confirmed that the proposals are not compatible with EU law.

A European Court of Justice (ECJ) opinion on proposals to accede the EU to the European Convention of Human Rights (ECHR) has confirmed that the proposals are not compatible with EU law.

Morten Messerschmidt, Constitutional Affairs spokesman of the eurorealist European Conservatives and Reformists group in the European Parliament has argued that the ruling confirms his concerns that the combination of European law and the ECHR is far too complex and would undermine European jurisprudence.

The Court was asked to give an opinion on a draft agreement for the EU to acceded to the Convention before its implementation. Judges have warned that the EU is not a state and that acceding would adversely affect the division of powers between the EU and its Member States, and the specific nature of EU law. It also warns that accession would see one EU state checking that other Member States were observing fundamental rights, undermining the autonomy of EU law.

In response to the ruling, Mr Messerschmidt said:

“The Court is right to recognise that melding EU systems, the EU’s Charter of Fundamental Rights, with the European Convention of Human Rights raises too many complexities.

“The EU already has its own court and its own human rights charter interpreted by the courts. Acceding to the ECHR and accepting the supremacy of the European Human Rights Court in Strasbourg offers a recipe for chaos that only the most skilled human rights lawyers could navigate.

“It is time for the EU to accept that EU accession to the ECHR was a symbolic and unworkable act.

“I hope the irony is not lost that the ECJ is opposing the ECHR because its rulings might result in a loss of sovereignty.”

SHARE

ECR

OUR TWEETS

ECR Group

5 hours ago

The EU-Singapore trade agreement comes into force today. The deal will boost investment, remove customs duties & im… twitter.com/i/web/status/1…

ECR Group

yesterday

Today is #WorldChildrensDay which aims to support children's welfare across the globe and to provide them with a be… twitter.com/i/web/status/1…

ECR Group

yesterday

'We are not ready for the challenge of an ageing population, climate and digital transformation...' from… twitter.com/i/web/status/1…

ECR Group

yesterday

Delighted Commissioner @GabrielMariya & Commissioner-designate @jwojc⁦ could join us for our event on the challenge… twitter.com/i/web/status/1…

ECR Group

3 days ago

Congratulations to all Latvians celebrating the 101st year of independence! 🇱🇻 Sveicam visus Latvijas patriotus jū… twitter.com/i/web/status/1…

ECR Party

4 days ago

On this day 30 years ago: Czechs and Slovaks took to the streets demanding the end of authoritarian communism. To… twitter.com/i/web/status/1…

Jan Zahradil

4 days ago

Bank holiday today in #CzechRepublic. 80 years ago, November 17, 1939: big rally in Prague against Nazi occupation.… twitter.com/i/web/status/1…

Jan Zahradil

5 days ago

Last night in #Prague: tribute to Sir @Roger_Scruton for his support of Czechoslovak dissent before 1989. Awarded M… twitter.com/i/web/status/1…

Poland in the EU

6 days ago

We hosted today a debate on terrorist content online regulation in partnership with @ZPP_EU. Our keynote speakers… twitter.com/i/web/status/1…

ECR Group

6 days ago

ECR will always work for a free market economy and against protectionist policies. MEP @robertszile grilling Transp… twitter.com/i/web/status/1…





© 2018. All rights reserved. European Conservatives and Reformists Group