Germany expresses some reservations about EU accession to ECHR

(BRUSSELS2) The German ambassador in Brussels sent a note on Friday to his European colleagues expressing his skepticism about the co-defendant mechanism that may accompany the EU accession mechanism to the European Convention on Human Rights rights (ECHR). Yet a mechanism at the heart of this provision provided for in the Lisbon Treaty. On the rest, however, Germany supports EU accession to the ECHR...

No to the Co-Respondent Mechanism. « Germany does not believe it necessary to create a co-respondent mechanism (*) on EU participation in proceedings before the ECHR”. The possibility of intervention provided for in Article 36§2 of the ECHR is sufficient, emphasizes the German argument. It allows you to submit written comments and to take part in hearings, as well as to make statements during these hearings. The EC already has sufficient opportunity to defend the interests of European law. EU accession to the ECHR will not change this. " It is not admissible to equate nationality with European citizenship “says this document, based on the case law of the European Court of Justice.

Yes, but to EU accession to the ECHR. Germany would like a "non-assignment" clause to be included in the treaty with the Council of Europe, specifying that the rights of the Union as of the Member States cannot be affected by this accession. It also considers "desirable" the inclusion of a clause stating that the jurisdiction of the Court of Justice of the EU is not affected by this accession (as provided for in Article 55 of the ECHR). It supports the appointment by the EU of a judge to the ECHR and the participation of the EU in the relevant Council of Europe bodies.

(*) According to this mechanism, the EU would intervene alongside a State challenged before the ECHR.