Analysis of Opinion 2/13 of the Court of Justice of the European Union and the Draft Agreement of March 2023 on the Accession of the European Union to the European Convention on Human Rights

The constitutional framework of the European Union (EU) contains an impressive array of human rights provisions. The Treaty on European Union (TEU) in Article 6 emphasizes that the Union is founded on respect for human rights, while the EU Charter of Fundamental Rights gives it legally binding effect and authorizes the EU’s accession to the European Convention on Human Rights (ECHR). The purpose of this paper is to present the procedure for the EU’s accession to the ECHR, as well as the latest developments in the negotiations. This is an accession that aims to accept the European Union and its institutions as contracting parties against which applications can be submitted and proceedings initiated for possible violations of human rights provided
for in the ECHR. The process has been underway for a long time and is taking a long time, but it should ultimately lead to the EU’s final accession to the ECHR. The authors of this paper, in addition to explaining the accession procedure, also presents their views and perspectives on further negotiations between the two parties.
Keywords: CJEU, ECHR, Opinion, agreement