The Network on SSRN: Daniel Halberstam, "'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and a Way Forward"

Network member Daniel Halberstam (Michigan) has a new piece posted on SSRN, entitled "'It's the Autonomy, Stupid!' A Modest Defense of Opinion 2/13 on EU Accession to the ECHR, and a Way Forward".  This piece builds on the presentation that Daniel made at the Jean Monnet Center at NYU in January.  It will also soon appear in the German Law Journal and be the subject of a symposium on the Verfassungsblog.  The abstract can be found below and the full article can be downloaded here.

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Opinion 2/13 of the European Court of Justice (striking down the draft agreement on accession to the ECHR) has been widely derided as “unsubstantiated,” purely “self-interested,” and “playground politics.” This Article disagrees with that assessment. The Article provides the first comprehensive legal analysis and reconstruction of the Opinion’s many objections to show why the Court’s concerns are mostly warranted. At the same time, however, the Article explains why accession to the ECHR is not only important for human rights, but also vital to save the European Union itself. Finally, the Article points the way forward, arguing for changes (though not all those the Court demands) that must be, and can be, made to allow accession to proceed.