Lock, Tobias Author aut Text xx# 2014 Verfassungsblog 2014-12-18 ger

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Today the CJEU answered the European Commission’s question “Is the Draft Agreement on the Accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms compatible with the Treaties?” with a resounding “No”. This response probably comes as a surprise to many, not least the drafters of the Draft Accession Agreement (DAA), whose ambition to produce an agreement coupling the constitutional requirements of EU law with the Convention system proved unsuccessful. Having declared a previous attempt incompatible with the Treaties in Opinion 2/94 the Court did it again: it has thus reaffirmed its reluctance to subject the EU legal order (and most importantly its own judgments) to an external scrutiny by the ECtHR. The Court found fault with almost every aspect of the DAA, including its core features, the co-respondent and prior involvement mechanisms. CC BY-NC-ND 4.0 Lock, Tobias funded by the government 342 https://staging.verfassungsblog.de/oops-das-gutachten-des-eugh-zum-emrk-beitritt-der-eu-2/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20170602-153047 141218 10.17176/20170602-153047 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)