Legal chiefs at Europe’s top courts in Strasbourg and Luxembourg have issued a joint statement offering guidance on the complex issue of the EU’s accession to the European Convention On Human Rights.
The text of the President of the European Court of Human Rights (ECHR) Jean-Paul Costa and the President of the European Court of Justice (CJEU) Vassilios Skouris offers counsel on a key and complex issue in the accession negotiations: the prior involvement of the Court of Justice where an application to the ECHR alleges that a provision of EU law is incompatible with the Convention.
The Presidents take the view that a flexible procedure should be introduced so that in such cases – which should be relatively rare – the CJEU may exercise its internal review of the act in question before the ECHR exercises its external review under the Convention. Such an arrangement would be in keeping with the principle of subsidiarity in the Convention system. It could be conducted speedily by the CJEU, and would not necessarily require amendment of the procedural provisions of the Convention.