Category Archives: EU Accession

15th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation Group (“46+1”) on EU accession to the European Convention on Human Rights held its 15th meeting from 5 to 7 October 2022. The Group tentatively agreed on a proposal concerning requests for advisory opinions under Protocol no. 16 to the Convention. It also agreed to consider a new proposal concerning the election of judges to the European Court of Human Rights and continued its discussions on the issue of voting in the Committee of Ministers when supervising the implementation of the Court’s judgments by the EU, amongst other things. 

At this stage, the main outstanding issue for discussion by the group relates to the Common Foreign and Security Policy, since, as stated in the meeting report, the negotiations on other issues were drawing towards a conclusion. In this connection, the representative of the European Union informed the group that the EU and its member States are currently working on this issue and making efforts to submit a proposal as soon as possible.

14th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“46+1”) on EU accession to the European Convention on Human Rights held its 14th meeting on 5-7 July 2022 with the participation of almost 90 delegates. The main results of the meeting were a tentative agreement on the issue concerning inter-party applications under Article 33 of the Convention, progress towards a possible solution to the issue concerning requests for an advisory opinion under Protocol No. 16, and clarification of issues relating to voting in the Committee of Ministers when supervising the implementation of judgments of the European Court of Human Rights.

13th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“46+1”)* on the EU accession to the European Convention on Human Rights held its 13th meeting on 10-13 May 2022. In total, more than 80 delegates participated in this meeting, which took place in hybrid format. The handling of interstate applications (Art. 33 of the Convention) and of requests for an advisory opinion (Protocol no. 16 to the Convention) post-accession, the voting rights in the Committee of Ministers of the Council of Europe as well as the Common Foreign and Security Policy were among the topics discussed.

(*) The name of the group has been changed from “47+1” to “46+1” following the cessation of the membership of the Russian Federation to the Council of Europe on 16 March 2022.

NO MORE COMMON UNDERSTANDING OF FUNDAMENTAL RIGHTS? About the looming fundamental rights patchwork in Europe and the chances for the current negotiations on EU-accession to the ECHR to help avoid it

The enclosed paper discusses the picture regarding the protection of fundamental rights in Europe today which increasingly looks like a patchwork, due to a lack of coordination at different levels. Developments reinforcing that picture include the emergence of different methodologies for the application of fundamental rights, Constitution-based challenges to European law by national Supreme Courts, codifications of existing case-law and the creation of so-called « hybrid » institutions.

The resulting complexity is a challenge for domestic courts, a threat to the confidence of citizens and detrimental to the fundamental rights themselves, their special role and authority being gradually eroded by a general relativism.

EU-accession could have an anti-patchwork effect and represent a chance for a general coordination of fundamental rights in Europe. Beyond making the Convention binding upon the EU, it would also have a pan-European (re)structuring effect by confirming the Convention as the minimum benchmark providing both the bedrock and the framework for all other national or European fundamental rights as well as for the necessary judicial dialogue on the latter.

Good progress has been achieved since the resumption of negotiations for EU-accession, justifying cautious optimism as to the possibility to find adequate solutions to the outstanding issues

12th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“47+1”) on EU accession to the European Convention on Human Rights held its 12th  meeting from 7-10 December 2021. The meeting was held as a hybrid meeting (i.e. with delegates participating both in the meeting room and via video-conference). In total, more than 75 delegates participated.

The Group discussed in particular proposals related to the EU’s specific mechanism of the procedure before the European Court of Human Rights, the principle of mutual trust between the EU member states, as well as the situation of EU acts in the area of the Common Foreign and Security Policy that are excluded from the jurisdiction of the Court of Justice of the European Union.

In this context, the Group tentatively agreed on operative provisions and corresponding paragraphs for the explanatory report concerning the triggering of the co-respondent mechanism and mutual trust (reproduced in Appendix IV and V of the meeting report respectively).

11th Meeting of the Negotiation Group on EU accession

The negotiation group (“47+1”) on EU accession to the European Convention on Human Rights held its 11th meeting from 5 – 8 October 2021. Due to the COVID-pandemic, the meeting was held as a hybrid meeting (i.e. with delegates participating both in the meeting room and via video-conference). In total, more than 70 delegates participated.

The Group discussed proposals related to the EU’s specific mechanism of the procedure before the European Court of Human Rights, the operation of inter-party applications (Article 33 of the Convention), the principle of mutual trust between EU member states and other provisions of the draft Accession Agreements (notably Articles 6-8). The Group will hold its next meeting from 7-10 December 2021.

10th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“47+1”) on EU accession to the European Convention on Human Rights held its 10th meeting from 29 June – 2 July 2021. Due to the COVID-pandemic, the meeting was held as a hybrid meeting (i.e. with delegates participating both in the meeting room and via video-conference). In total, more than 80 delegates participated. The Group discussed proposals related to the EU’s specific mechanism of the procedure before the European Court of Human Rights, the operation of inter-party applications (Article 33 of the Convention) and the principle of mutual trust between EU member states. 

In the course of this meeting, the Group held another exchange of views with civil society (including representatives from the AIRE (Advice on Individual Rights in Europe) Centre, Amnesty International, the Council of Bars and Law Societies in Europe (CCBE), the International Commission of Jurists and the European Network of National Human Rights Institutions (ENNHRI)). The exchange of views focused in particular on the principle of mutual trust between the EU member states as well as the situation of EU acts in the area of the Common Foreign and Security Policy that are excluded from the jurisdiction of the Court of Justice of the European Union. The Group will hold its next meeting from 5-8 October 2021.

9th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“47+1”) on EU accession to the European Convention on Human Rights held its 9th meeting from 23-25 March 2021 via videoconference. The Group discussed in particular proposals related to Article 53 of the Convention, the principle of mutual trust between the EU member states as well as the situation of EU acts in the area of the Common Foreign and Security Policy that are excluded from the jurisdiction of the Court of Justice of the European Union. In total, more than 108 delegates participated. The next meeting is scheduled for 29 June – 2 July 2021.

8th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“47+1”) on EU accession to the European Convention on Human Rights held its 8th meeting from 2-4 February 2021 via videoconference. The Group discussed in particular proposals related to the EU’s specific mechanism of the procedure before the European Court of Human Rights, as well as the operation of inter-party applications (Article 33 of the Convention) and of requests for advisory opinions under Protocol No. 16 to the Convention. In total, more than 110 delegates participated.

7th Meeting of the Negotiation Group on EU accession

The CDDH ad hoc negotiation group (“47+1 Group”) on the accession of the European Union to the European Convention on Human Rights held its 7th meeting from 24 to 26 November 2020. Due to the COVID-pandemic, the meeting was held via videoconference. The meeting report can be downloaded below.