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Please use this identifier to cite or link to this item: http://hdl.handle.net/1942/21661

Title: Opinion 2/13 on Accession to the ECHR: Defending the EU Legal Order against a Foreign Human Rights Court
Authors: de Witte, Bruno
Imamovic, Sejla
Issue Date: 2015
Citation: EUROPEAN LAW REVIEW, 40 (5), p. 683-705
Abstract: In Opinion 2/13 the CJEU declared that the draft Agreement for Accession of the EU to the ECHR is not compatible with primary EU law, based on a number of objections. This article presents the Opinion and divides the Court's objections in three categories: concerns which are misconceived and should not have been raised by the CJEU at all; concerns for the CJEU's own jurisdiction which are more persuasive, but whose importance is exaggerated by the Court; and concerns to preserve a different standard of fundamental rights protection in EU law derogating from the minimum standard of the Convention-a radical (and unjustified) objection, which cannot be mended by simply modifying the Accession Agreement and which makes accession next to impossible.
Notes: [de Witte, Bruno; Imamovic, Sejla] Maastricht Univ, NL-6200 MD Maastricht, Netherlands. [de Witte, Bruno] European Univ Inst, Florence, Italy. [Imamovic, Sejla] Hasselt Univ, Hasselt, Belgium.
URI: http://hdl.handle.net/1942/21661
ISI #: 000369518800005
ISSN: 0307-5400
Category: A1
Type: Journal Contribution
Validation: ecoom, 2017
Appears in Collections: Research publications

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