Accession of the European Union to the European Convention on Human Rights: A View From Inside the Council of Europe

Abstract The accession of the European Union (EU) to the European Convention on Human Rights ( echr ) has been a political priority for the Council of Europe since at least 2010. Subsequent negotiations produced a first draft accession agreement but in 2014, the Court of Justice of the EU ( cjeu ) found this to be incompatible with the EU treaties. Further negotiations led to a revised draft accession agreement in 2023. The present article examines the effect of the provisions of this agreement and related draft instruments on the bodies concerned, taking into account the general principles by which the negotiations were guided. It then considers the significance of EU accession to the echr for the Council of Europe as a whole, and concludes by recalling the need for the EU to resolve the one outstanding issue before the cjeu can be asked its opinion on the revised agreement.