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EC isn't bound by ECHR, which isn't an instance of the European Union but one of the Council of Europe (not to be confused with European Council, which itself i
by littlestymaar 3y ago
EC isn't bound by ECHR, which isn't an instance of the European Union but one of the Council of Europe (not to be confused with European Council, which itself is a EU institution).
The European Convention on Human Rights is an international convention, and EU is in fact supposed to adhere it eventually : its adhesion is planned in the Treaty of Lisbon but the process is kind of stuck because the CJEU (which is the justice court of the EU) ruled against the previous attempt. Until then, the European Commission isn't bound by a decision from ECHR. (Though the same arguments that were brought in front of the ECHR could be brought in front of the CJEU so that it rules against it, but it would rule on the basis of the Charter of Fundamental Rights of the EU this time and not on the basis of the European Convention on Human Rights).
Yes, European Union is kind of complicated, and the confusing naming make things even worse.
Edit: fix the acronym of the Court of Justice of the EU, I mixed up the order of the letters in the English version.
- Hamuko 3y ago>EC isn't bound by ECHR, which isn't an instance of the European Union but one of the Council of Europe (not to be confused with European Council, which itself is a EU institution). Also not to be confused with Council of the European Union, often referred to in EU documents simply as "the Council", which is separate from those two still.
- littlestymaar 3y agoI didn't want to put too much unrelated stuff in my post, but yeah, these three things have basically the same name yet are entirely different. Who thought it was a good idea?!
- impossiblefork 3y agoAll the EU members are also members of the CoE and are bound by these things, so the commission is in fact bound by the ECHR. There is no way to implement any directive that goes against the ECHR.
- littlestymaar 3y agoThe Commission is independent from member states as well (that's its entire point actually, see TEU art. 17), so your argument is incorrect.
- impossiblefork 3y agoYes, but if the directives go against the ECHR, they cannot be implemented in any member state. This has happened, for example, with the data storage directive.
- littlestymaar 3y agoBut this isn't a proposal for a directive, but for a regulation which doesn't need to be implemented and is instead directly effective…
- impossiblefork 3y agoThere is no such thing as 'directly effective' in the EU. The member countries are actually sovereign.
- littlestymaar 3y agoSigh… Why do you keep talking about things you have no idea about? Art 288 TFEU: > A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. The “direct effect” of European Union's law is one of the key features of the EU and one that makes it so different from regular international organization. See this if you want to actually learn something: https://eur-lex.europa.eu/EN/legal-content/summary/the-direct-effect-of-european-union-law.html https://eur-lex.europa.eu/EN/legal-content/summary/the-direc... Member countries are actually delegating their sovereignty to the EU on certain topics (TFEU art. 3)
- 3y ago