Walking on a Tightrope: The Draft Accession Agreement and the Autonomy of the EU Legal Order

Tobias Lock

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

This contribution measures the first draft agreement on the accession of the EU to the ECHR by the strict requirements of the autonomy of the EU legal order. It concludes that the review of EU action by the ECtHR would be compatible with the autonomy. However, the procedure before the ECtHR provided for in the draft agreement raises serious problems. Both the co-respondent mechanism and the prior involvement of the ECJ are well-intended suggested solutions, but may not pass the hurdles erected by the ECJ in its case law on the autonomy.
Original languageEnglish
Pages (from-to)1025-1054
JournalCommon Market Law Review
Volume48
Issue number4
Publication statusPublished - 2011

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