Since the entry into force of the Lisbon Treaty in 2009, the European Union has been under a clear legal obligation to accede to the European Convention on Human Rights (ECHR). More than a decade later, that obligation remains unfulfilled. Consequently, while individuals may bring applications before the European Court of Human Rights (ECtHR) against EU Member States, when an EU Member State violates their human rights, they cannot bring applications directly against the EU itself. The EU's accession to the ECHR raises complex constitutional and institutional questions, particularly concerning the autonomy of EU law, the essential characteristics of the EU legal order and the jurisdiction of the Court of Justice of the European Union (CJEU). In 2013, a draft accession agreement was negotiated between the EU and the Council of Europe. However, in its landmark Opinion 2/13, the CJEU found that the draft agreement was incompatible with EU law. Accession negotiations resumed in 2020, culminating in a revised draft accession agreement in 2023. While the revised text appears to address all the objections raised by the CJEU in Opinion 2/13, questions remain, particularly in relation to the scope of the CJEU's jurisdiction in cases concerning the EU's common foreign and security policy. In September 2024, the CJEU delivered two rulings that may resolve the outstanding issues concerning the scope of its jurisdiction. Subsequently, in December 2025, the European Commission requested an advisory opinion from the CJEU on the compatibility of the 2023 draft agreement with EU law. That procedure is currently pending. Source : © European Union, 2026 - EP Read more