The CJEU thereby demands the inadmissibility of all state complaints in front of the ECtHR as far as the relevant provisions of the ECHR also fall within the scope of EU law and on the applicant and the respondent side there are Member States or the EU itself. This demand, however, is excessive for four reasons.
First, a demand for disconnection clauses (e.g. Art. 282 United Nations Convention on the Law of the Sea) contradicts the general praxis of international agreements to create an exception for the major part of parties excluding them from the dispute settlement procedure without opening this possibility for the other parties to the agreement (see also AG view para 115-6). It is highly likely that such an exception would meet little acceptance by the other member states of the Council of Europe and might render accession as provided for in Art. 6 (2) TEU difficult, if not impossible.