CJEU Opinion 2/13 – Three Mitigating Circumstances Scheinin, Martin Author aut Text xx# 2014 Verfassungsblog 2014-12-26 eng
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 The academic response to CJEU Opinion 2/13 on EU accession to the European Convention on Human Rights can be characterised as a combination of shock, disbelief and protest. Indeed, the Opinion looks like total overkill, as the grounds for rejecting the draft accession agreement are so many and so diverse that they unavoidably give the impression of being primarily based on a defensive and territorial attitude of protecting the exclusive and superior nature of the CJEU’s own jurisdiction. That said, the critical discussion on Opinion 2/13 should include a search for rational explanations as to why the CJEU’s opinion is negative, even if in the extreme. What follows is a short reflection on three factors towards that kind of an approach, without any intention to defend the Opinion itself. CC BY-NC-ND 4.0 Scheinin, Martin funded by the government 342 https://staging.verfassungsblog.de/cjeu-opinion-213-three-mitigating-circumstances-2/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20181005-151332-0 141226 10.17176/20181005-151332-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)