Questions and Answers

Where do we stand?

There is a general consensus on the need for, and the political importance of, the European Union acceding to the European Convention on Human Rights (ECHR).

The “Treaty of Lisbon”, which was adopted at a EU summit on 18-19 October 2007 and entered into force on 1 December 2009, contains a provision which commits the EU to acceding to the ECHR.

Protocol No. 14 to the ECHR provides for the possibility of EU accession. The exact accession modalities, some of which may require a further protocol to the ECHR or an accession treaty, will have to be agreed upon by all Council of Europe member states, as well as the EU.

Why is EU accession to the ECHR important?

EU accession to the ECHR will further strengthen the protection of human rights in Europe by submitting the Union’s legal system to independent external control.

Any individual will be able to bring a complaint about the infringement of ECHR rights by the EU before the European Court of Human Rights in Strasbourg. At present, the provisions of the ECHR are not binding on the EU and its institutions. However, these provisions do apply to the EU’s member states, all of which are also members of the Council of Europe.

The EU’s accession to the ECHR is the best means of ensuring harmonious development of the case law of the European Court of Justice and the European Court of Human Rights on human rights matters.

Will EU accession to the ECHR also mean that the EU will be bound by the protocols to the ECHR setting out additional rights and freedoms?

Accession to the European Convention on Human Rights does not mean that the EU will automatically be bound by the additional protocols to the convention. There are currently six additional protocols, which cover issues such as the right to vote (Protocol No. 1), the abolition of the death penalty (Protocol Nos. 6 and 13) and a general prohibition on discrimination (Protocol No. 12).

The EU has to decide separately whether or not to adhere to some or all of these protocols. These decisions may be taken after the EU has become a party to the ECHR itself.

After accession, what will be the relationship between the ECHR and the EU Charter of Fundamental Rights?

The relationship between the ECHR and the EU Charter of Fundamental Rights (which forms part of the “Lisbon Treaty” and is itself based on the ECHR and the Council of Europe Social Charter) will be similar to the one which exists between the ECHR and the constitutional provisions on human rights in countries parties to the ECHR which may, and often do, go beyond the minimal standards set by the ECHR. 

What legal remedies will individuals have after accession?

It will become possible for individuals to bring applications against the EU before the Strasbourg court.

EU accession to the ECHR will not modify the existing system of judicial remedies under EU law. Exhaustion of these remedies will be a precondition for bringing a case to Strasbourg. Individual applications brought directly against EU acts will have to be distinguished from those challenging national measures that apply or implement EU law.

After accession, will the EU remain free to develop its own legal order?

The ECHR contains minimum standards. Parties to the convention remain free to provide more extensive human rights protection, and this would also be the case for the EU. 

Like any other party to the ECHR, it is up to the Union to decide how best to comply with the judgments of the European Court of Human Rights.

After accession, the European Court of Justice will remain the final authority on the interpretation of EU law.

Will an EU judge participate in the work of the Strasbourg Court?

The Strasbourg Court currently consists of 47 judges from the 47 Council of Europe member states. Judges are elected by the Council’s Parliamentary Assembly from a list of three candidates submitted by the contracting party. A judge elected in respect of the EU would bring additional expertise on the EU legal system to the Strasbourg Court.

Disclaimer – this document is intended to summarise the current situation and possible future developments for media purposes only, and does not in any way constitute the official position of either the Council of Europe or the European Union on this issue.

Press contact:

Estelle Steiner, Press officer
Tel: 33 (0)3 88 41 33 35, Mobile: 33 (0)6 08 46 01 57
estelle.steiner@coe.int
www.coe.int

Updated 1 December 2009