Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms: The Second Unsuccessful Attempt

Abstract

The article provides an overview of the impediments of the European Union accession process to the European Convention for the Protection of Human Rights and Fundamental Freedoms and assesses the prospects of completion of this process. Accession of the EU to the European Convention is the substantive issue of the European political agenda. It is going on for about 45 years. The first attempt of accession of the EU to the European Convention failed. Significant political and legal steps were taken within the frameworks of the COE and the EU for provision of accession. Notwithstanding the fact that the political decision on accession is already made, the legal systems of the European Convention and the EU are harmonized, accession cannot be completed in legal manner yet. Failure of the second attempt of accession of the EU to the European Convention is due to the European Court of Justice.