On 7 July 2010 Thorbjørn Jagland, the Secretary General of the Council of Europe, and Viviane Reding, Vice-President of the Commission, started official talks on the EU’s accession to the European Convention of Human Rights (ECHR). EU’s accession to this Convention is required under Article 6 of the Lisbon Treaty and foreseen by Article 59 of the ECHR as amended by the Protocol 14. They discussed how to move the process forward so that citizens can benefit from stronger and more coherent fundamental rights protection in Europe.
EU’s accession to the Convention will place the EU on the same footing as its Member States with regard to the system of fundamental rights protection supervised by the European Court of Human Rights in Strasbourg. It will allow for the EU's voice to be heard when cases come before the Strasbourg Court. With accession, the EU would become the 48th signatory of the ECHR. The EU would have its own judge at the European Court of Human Rights in Strasbourg. It will also provide a new possibility of remedies for individuals. They will be able to bring complaints – after they have exhausted domestic remedies – about the alleged violation of fundamental rights by the EU before the European Court of Human Rights.
What are the next steps?
Negotiators from the Commission and experts from the Council of Europe’s Steering Committee for Human Rights will meet regularly to work on the accession agreement. At the end of the process, the agreement on accession will be concluded between the 47 current contracting parties of the ECHR and the EU (acting by unanimous decision of the Council of the EU, the European Parliament, which has to be fully informed of all stages of the negotiations, must also give its consent). The conclusion decision needs ratification by the EU Member States. The accession agreement will also have to be ratified by all 47 contracting parties to the ECHR in accordance with their respective constitutional requirements, including by those who are also EU member states. Both sides affirm to be committed to a smooth and swift conclusion of the talks, allowing the accession to take place as early as possible.
Background
On 17 March, the Commission proposed negotiation Directives for the EU's accession to the ECHR, see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/291&format=HTML&aged=0&language=EN&guiLanguage=en. On 4 June, EU Justice Ministers gave the Commission the mandate to conduct the negotiations on their behalf. On 26 May, the Committee of Ministers of the Council of Europe gave an ad-hoc mandate to its Steering Committee for Human Rights to elaborate with the EU the necessary legal instrument for the EU’s accession to the ECHR.
The "European Convention on Human Rights" sets forth a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination). More rights are granted by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)).
For more information
EFC members interested in obtaining further information are invited to contact EFC secretariat at eu@efc.be