For the past seventy years there have been discussions and activities on the accession of the European Union to the European Convention on Human Rights. The ratio of the Union’s accession to the Convention is a need to harmonize the European system of protection of individual rights. There are numerous problems and obstacles to achieve this goal created by the specific, supra-national character of the Union sui generis. It requires the introduction of unique mechanisms and procedures that would allow an international organization such as the EU to become a party to the Convention. One such procedure is provided in art. 3 of the draft agreement, the co-respondent mechanism of the European Union and the Member State in proceedings under the European Court of Human Rights. The purpose of the article is to present the allegations of the Court of Justice, assess their validity and indicate possible future solutions regarding the co-respondent mechanism. After analyzing the European Commission’s request for an opinion on the compliance of the draft agreement with community law, the CJEU considered the draft as incompatible with EU law and listed ten issues that prevented the Union from joining the Convention in the proposed form. Among them, as many as three points refer to the corresponding mechanism and concern in particular the decision on the validity of the conclusions of the Union or a Member State by the Strasbourg Court, accepting joint liability and deciding on the division of responsibility between the Union and the Member State. In the article dogmatic method was used in order to analyze three aforementioned points. Due to the provision of art. 218 par. 11 p. 2 TFEU, the Commission is bound by the opinion of the Court of Justice, and that the presented draft agreement cannot constitute an international agreement allowing for the accession of the Union to the Convention in the proposed form.
May 19, 2020
May 19, 2020
Aldrovandi, Mattia Cendrowicz, Dominika. Ed. Chrisidu-Budnik, Agnieszka. Ed. Machaj, Łukasz. Rev.
Křepelka, Filip Karkut, Daniel. Red. Mazurkiewicz, Jacek. Red. Gołaczyński, Jacek. Red. Turłukowski, Jarosław. Red.
Rutkiewicz, Krzysztof Winiarski, Marcin. Red.
Łokuciejewska, Anna Winiarski, Marcin. Red.
Onufer, Mariusz Winiarski, Marcin. Red.
Butyter, Daniel Winiarski, Marcin. Red.
Statkiewicz, Marta Kornobis-Romanowska, Dagmara. Red.
Kowalik-Bańczyk, Krystyna Kornobis-Romanowska, Dagmara. Red.