Introduction

Accession of the European Union to the European Convention on Human Rights (ECHR)has been a topic in legal circles for more than thirty years. The discussionfirst culminated in a request by the European Commission for an advisory opinionfrom the European Court of Justice (ECJ). Yet in that opinion, the ECJ ruled outaccession in the absence of an explicit competence for the (then) EuropeanCommunity (EC). More than ten years after that opinion, the Treaty of Lisbonfinally created such an explicit competence. According to the new Article 6(2)of the Treaty on European Union (TEU), the Union shall accede to the EuropeanConvention on Human Rights (ECHR). This means that there is not only a right forthe EU to accede, but also a duty, provided, of course, that accession ispossible under the ECHR. Article 6 TEU has long referred to the ECHR as a sourceof inspiration for the Union's fundamental rights existing as general principlesof Union law, and a long list of decisions by the ECJ is proof of the importancethe Convention has for the EU's fundamental rights regime. The entry into forceof the EU Charter of Fundamental Rights, which in Article 52(3) refers to theECHR as the minimum standard for the protection of human rights in the EU,consolidates the position of the ECHR in the EU and is a manifestation of thegrowing importance of human rights in the Union's legal order. Therefore,accession to the ECHR constitutes the next logical step in this development. Itsends a clear signal that the EU is ready for external judicial review of itsown regime of fundamental rights protection. This will not only enhance thecredibility of the EU's human rights policy, but also foster the coherence ofhuman rights protection in Europe.