Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue - Autonomy or Autarky

41 Pages Posted: 15 May 2015

See all articles by Piet Eeckhout

Piet Eeckhout

University College London - Faculty of Laws

Date Written: April 10, 2015

Abstract

In Opinion 2/13 the CJEU finds a series of flaws in the draft Accession Agreement to the ECHR, which revolve around safeguarding the autonomy of EU law as well as its own jurisdiction. This paper first develops a basic normative framework for assessing the Opinion. That framework focuses on the concept of judicial dialogue, and seeks to establish an agreeable understanding of what dialogue between the CJEU and the ECtHR, post-accession, ought to involve. The paper subsequently develops a critique of Opinion 2/13, challenging the CJEU's understanding of EU law autonomy and issues of jurisdiction.

Suggested Citation

Eeckhout, Piet, Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue - Autonomy or Autarky (April 10, 2015). Available at SSRN: https://ssrn.com/abstract=2605821 or http://dx.doi.org/10.2139/ssrn.2605821

Piet Eeckhout (Contact Author)

University College London - Faculty of Laws ( email )

London WC1E OEG
United Kingdom

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