Draft Agreement On The Accession Of The Eu To The European Convention On Human Rights

In that context, it is for the national courts and the Court of Justice to ensure the full application of EU law in all Member States and to guarantee the judicial protection of the rights of individuals under that law (Opinion 1/09, EU:C:2011:123, paragraph 68 and the case-law referred to therein). The approach adopted in the envisaged agreement, which consists in treating the European Union as a State and giving it in all respects the same role as any other party, does not take into account, in particular, the nature of the European Union and, in particular, the fact that the Member States, by reason of their membership of the Union, recognise that relations between them in matters are not taken into account; who are entitled to delegate powers from the Member States to the Union, to the exclusion of another law where required by Union law. In accordance with Article 1(3) of the draft Agreement, accession to the ECHR and the Protocols to the Union added thereto are to be imposed only in respect of acts, measures or omissions of their institutions, bodies, offices or agencies or of persons acting on their behalf. Moreover, neither the ECHR nor the protocols provided for that purpose should oblige the Union to implement an act or adopt a measure for which it does not have competence under Union law. The instrument of accession is now before the ECJ for an opinion on its compatibility with the EU Treaties. Subsequently, the Council of the European Union must unanimously adopt the decision authorising the signature of the act. In addition, the EU must adopt internal rules enabling it to act as a party to the Convention on Human Rights. . .


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