The European's Union accession to the European Convention on Human Rights : Future challenges and steps following the Draft Accession Agreement of March 2023
Files
LeandrodaSilva_09442300_2025.pdf
Open access - Adobe PDF
- 2.37 MB
Details
- Supervisors
- Faculty
- Degree label
- Abstract
- This thesis critically analyses the legal and institutional implications of the EU’s accession to the ECHR, in order to determine whether the revised DAA sufficiently addresses the unresolved issues raised by Opinion 2/13. The primary research question guiding this study is: to what extent does the March 2023 DAA resolve the legal and institutional objections raised in Opinion 2/13 and what could be the future challenges and steps for the EU’s accession to the ECHR?. This question is explored through three interrelated working hypotheses. The results indicate that although the 2023 DAA makes significant strides, there are still unresolved issues. Nonetheless, the 2024 KS and KD ruling represents a notable advancement in elucidating the CJEU’s jurisdiction in CFSP cases. The thesis concludes that while accession is legally and politically feasible, it still necessitates political will, clarity and consensus.