“It's the Autonomy, Stupid!” A Modest Defense ofOpinion 2/13on EU Accession to the ECHR, and the Way Forward

Daniel Halberstam

80 citations0/0 files storedGerman Law Journal

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European and International Law Studies European Union Policy and Governance Judicial and Constitutional Studies

Abstract

The Court of Justice of the European Union has arrived! Gone are the days of hagiography, when in the eyes of the academy and informed observers the Court could do no wrong. The pendulum has finally swung the other way. The judicial darling, if there is one today, is Strasbourg, not Luxembourg. Not hours had passed before the Court's 258-paragraph longOpinion 2/13on the Draft Agreement on EU Accession to the European Convention on Human Rights was condemned as “exceptionally poor.” Critical voices have mounted steadily ever since, leading to nothing short of widespread “outrage.”

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References

1982The Convention for the Protection of Human Rights and Fundamental Freedoms 2011Overcoming absolute primacy: Respect for national identity under the Lisbon Treaty 2005The Jurisprudence of Constitutional Conflict: Constitutional Supremacy in Europe before and after the Constitutional Treaty 2002The margin of appreciation doctrine and the principle of proportionality in the jurisprudence of the ECHR 1995The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence 2012Reverse SolangeProtecting the essence of fundamental rights against EU Member States 1992The European Court of Justice: Taking Rights Seriously?1989The development of international law by the European Court of Human Rights

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