Draft Accession Agreement Eu Echr

182. Certainly, the Court has already established in this regard that an international agreement providing for the creation of a competent tribunal to interpret its provisions and whose decisions are binding on the institutions, including the Court of Justice, is in principle not incompatible with EU law; This is particularly the case where, as here, the conclusion of such an agreement is provided for by the treaties themselves. The EU`s competence in the field of international relations and its ability to: It is inevitable that international conventions will be empowered to submit to the decisions of a tribunal created or designated by these agreements with regard to the interpretation and application of their provisions (cf. Opinion 1/91, EU:C:1991:490, points 40 and 70 and 1/09, EU:C:2011:123, point 74). In 2001, the GT-DH-EU working group was tasked with carrying out a study on the legal and technical issues that the Council of Europe should address in the event of the EU`s possible accession to the ECHR, as well as on ways to avoid contradictions between the UNION`s legal system and that of the ECHR. 183. However, the Court of Justice also found that an international agreement could only undermine its own powers if the conditions necessary to safeguard the essential character of these powers were met and, therefore, the autonomy of the Union`s legal order was not compromised (see Opinion 1/00, EU:C:2002:231, par. 21, 23 and 26 and 1/09, EU:C:2011:123, point 76; see also Kadi and Al Barakaat International Foundation/Council and Commission, EU:C:2008:461, point 282. On 4 June 2010, EU justice ministers gave the European Commission a mandate to conduct negotiations on their behalf. On 26 May 2010, the Council of Europe`s Committee of Ministers gave its Human Rights Steering Committee (HRDC) an ad hoc mandate to develop, in cooperation with the European Commission, the legal instrument necessary for accession. The CDDH has entrusted this task to the informal working group CDDH-EU.

It was made up of 14 experts from Council of Europe member states (7 from EU Member States and 7 from non-EU countries). The group held eight meetings between July 2010 and June 2011. 207. Article 5 of the draft agreement only reduces the scope of the Article 55 obligation of the ECHR, while allowing the EU or Member States to make an application for an alleged violation of a Member State or THE Union in connection with EU law before the ECHR in accordance with Article 33 of the ECHR. The Convention defines many of the rights outlined in the EU Charter of Fundamental Rights and stipulates that these rights must be interpreted by the European Court of Human Rights. Official discussions on the European Union`s accession to the European Convention on Human Rights began on 7 July 2010 and have become a legal obligation under Article 6, paragraph 2 of the Lisbon Treaty, which came into force on 1 December 2009.