La responsabilidad internacional de la Unión Europea derivada de la adhesión al Convenio Europeo de Derechos Humanos

Abstract

The present study aims to examine the international responsibility of the European Union on the basis of the latest draft agreement on the accession of the EU to the ECHR. To this end, we consider, first, the legal regime of interlugar, national responsibility of the EU under existing international law, and especially under the draft articles on responsibility of international organizations prepared by the International Law Commission. Second, the study analyzes the jurisprudence of the European Court of Human Rights and the regime established by the draft accession agreement in the light of the rules set by the ILC. The study concludes with some remarks on the compatibility, only partial, of the draft accession agreement with the ILC rules.