Reflections on the Opinion
This Opinion undoubtedly makes it difficult for the EU to proceed with accession. The draft agreement was only achieved after tortuous negotiations and redrafts, mainly – but not only – due to objections within the EU itself. The Court’s Opinion sets out so many objections to accession, some requiring treaty change, that one is prompted to think that the Court desired to make accession as difficult as possible. And this is so, even given the Court’s somewhat privileged position as member of the Council Committee that negotiated accession, and the fact that its suggestions, in both a discussion document and a joint communication from the presidents of the ECtHR and ECJ, appear to have been accommodated.