The Lisbon Treaty : effects on the European Union’s accession to the European Convention on Human Rights

Abstract

Upon ratification of the Lisbon Treaty, the European Union has finally reached a pivotal point in acceding to the European Convention on Human Rights. This thesis shall commence with a general overview of the most imperative developments that have triggered off discussions for the EU’s accession to the Convention. The Draft Accession Agreement; consisting of the needed machinery for the EU’s accession shall be discussed thoroughly, emphasis being made on the co-respondent mechanism, the prior involvement of the European Court of Justice, the EU’s participation in the Committee of Ministers, and the implications of an EU judge in the European Court of Human Rights. Therefore the effects of the accession of a non-State legal entity such as the EU shall be determined. An analysis shall be made of the progressive inter relationship of the Strasbourg and Luxembourg Courts; starting from an assessment of their different origins; to the gradual overlap of objectives pursued and jurisprudence. The Bosphorus judgement establishing the doctrine of equivalent protection shall be discussed, and arguments in favour and against retention of the doctrine shall be presented. This thesis shall also discuss the outcomes of accession. This shall be divided in the problems that will probably be encountered once the EU accedes to the Convention and the resulting advantages. Such problems are determining who the correct respondent is, or how the EU shall execute a Strasbourg judgment whilst positive outcomes being mentioned are, raising the level of protection given to human rights and strengthening the relationship of the two courts. Finally a critique of the said accession shall be made, along with an assessment as to whether accession shall have any actual effect. Furthermore reasons as to why the EU shall adhere to accession shall be given, concluding with the definitive affirmation that accession shall have a positive influence on the protection of human rights.