It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and the Way Forward

Authors

Daniel H. Bicket, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

2015

Abstract

The Court of Justice of the European Union has arrived! Gone are the days of hagiography, when in the eyes of the academy and informed observers the Court could do no wrong. The pendulum has finally swung the other way. The judicial darling, if there is one today, is Strasbourg, not Luxembourg. Not hours had passed before the Court's 258-paragraph long Opinion 2/13 on the Draft Agreement on EU Accession to the European Convention on Human Rights was condemned as “exceptionally poor.” Critical voices have mounted steadily ever since, leading to nothing short of widespread “outrage.”

Comments

Copyright © 2015 by German Law Journal GbR Articles are published under the Creative Commons Attribution 4.0 license (CC-BY) as standard – allowing for free access, unrestricted sharing and adaptation of the work, as long as appropriate credit to the author and the GLJ is given

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Recommended Citation

Halberstam, Daniel. "'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and the Way Forward." German Law Journal 16, no. 1 (2015): 105-146. DOI: https://doi.org/10.1017/S2071832200019441