On Monday 7 October, the EU Council reaffirmed its commitment to the EU's accession to the European Convention on Human Rights (ECHR) by adopting, at the ‘Justice’ Council in Luxembourg, additional negotiating directives aimed at the early resumption of negotiations with the Council of Europe.
The EU's accession to the ECHR is a legal obligation based on the Treaty on European Union. Negotiations with the Council of Europe started in 2010 and in 2013; a provisional agreement has been reached on the text of the draft accession agreement between the EU and the States who are Contracting Parties to the ECHR. However, at the end of 2014, the Court of Justice of the European Union (CJEU) issued an opinion finding that certain parts of the draft accession agreement were not compatible with EU law (see EUROPE 11221/40).
According to a European source, there was no formal opposition to these negotiating directives at the meeting, but some Member States took the floor to recall that the autonomy of European law should be preserved.
In addition, the European Commission had to make a statement, at Hungary's request, undertaking to seek an opinion from the CJEU before concluding negotiations with the Council of Europe, in order to ensure compatibility with European rules. (Original version in French by Marion Fontana)