Yet, were the EU to accede to the ECHR, in full compliance with the Court’s requirements in Opinion 2/13, human rights protection in the EU would not be enhanced, for the EU would be shielded from many human rights claims, including many, if not most, in the highly controversial CFSP and AFSJ areas. Given all of the difficulties thrown out by the Court’s Opinion, Besselink has suggested that the treaties should now be amended to insert the following ‘notwithstanding protocol’ to read as follows:
‘The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms, notwithstanding Article 6(2) Treaty on European Union, Protocol (No 8) relating to Article 6(2) of the Treaty on European Union and Opinion 2/13 of the Court of Justice of 18 December 2014.’
Yet, were the EU to accede to the ECHR, in full compliance with the Court’s requirements in Opinion 2/13, human rights protection in the EU would not be enhanced, for the EU would be shielded from many human rights claims, including many, if not most, in the highly controversial CFSP and AFSJ areas. Given all of the difficulties thrown out by the Court’s Opinion, Besselink has suggested that the treaties should now be amended to insert the following ‘notwithstanding protocol’ to read as follows:‘The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms, notwithstanding Article 6(2) Treaty on European Union, Protocol (No 8) relating to Article 6(2) of the Treaty on European Union and Opinion 2/13 of the Court of Justice of 18 December 2014.’
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