SHARES Briefing Paper – A New Framework for Allocating International Responsibility: the EU Accession to the European Convention on Human Rights

This briefing paper reflects on the manner in which the Draft Agreement on the Accession of the European Union (EU) to the European Convention on Human Rights (ECHR) allocates international responsibility between the EU and its member States. In particular, it reviews whether the Agreement adequately addresses the gaps in human rights protection that presently arise from the specific relationship between the EU and its member States. It signals several outstanding issues and unresolved questions which require further attention in the negotiation and ratification process, but also in the application of the Agreement after it enters into force.

The briefing paper presents the outcomes of the SHARES expert seminar on A New Framework for Allocating International Responsibility: the EU Accession to the European Convention on Human Rights, held on 18 October 2013 in Amsterdam.

The text of the briefing paper is based on the contributions by eight experts to the seminar: Pieter Jan Kuijper, Tobias Lock, Jörg Polakiewicz, Christiaan Timmermans (speakers), Antoine Buyse, Martijn de Grave, Maarten den Heijer and Cedric Ryngaert (discussants), as well as by other participants in the seminar. It also incorporates the views of the editors of this briefing paper.