CM1105

Admissibility of claims in the light of accession of the EU to the ECHR

With the entry into force of the Lisbon Treaty and the entry into force of Protocol 14 of the European Convention on Human Rights (ECHR) important steps have been taken in the accession of the EU to the ECHR. Hereby the protection of human rights within the EU is taken to a higher level. The Standing Committee of experts on International Immigration, refugee and criminal law (the Meijers Committee) is pleased with this promising development in the field of human rights. However, the accession of the EU to the ECHR also confronts both institutions with new questions regarding how to deal with claims before the European Court of Human Rights (ECtHR) for alleged violations committed in the context of cooperation within the EU.
According to the Meijers Committee the current negotiations between the EU and the Council of Europe are a good opportunity to address some of these legal issues. Especially regarding the admissibility of complaints, either against the EU itself, against the EU and one of its Member States, or against two or more Member States, the Meijers Committee would like to share with you some remarks. The Meijers Committee is concerned that these issues might escape to the attention of the participants during the discussions regarding the accession.

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Published on
23 May 2011

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