Tuesday, 16 December 2025

FRA Note on EU Accession to ECHR

The Fundamental Rights Agency (FRA) of the European Union has just published a
note with questions and answers about the accession of the EU to the ECHR. More information from the Council of Europe on the process and its history, including the outcome of the negotiations, can be found here. And the dedicated page on the Court's Knowledge Sharing Platform with all information on the EU in the Court's case-law can be found hereThis is the abstract of the FRA note:

'The note EU accession to the European Convention on Human Rights: Questions and answers on legal and operational implications outlines some of the key changes that are expected to strengthen the legal protection for human rights in Europe. It highlights that the EU’s accession would:

- bind the EU to the ECHR and subject it to the supervision of the ECtHR;
- promote coherence between legal protection provided under the ECHR and the EU Charter of Fundamental Rights – the two main legal instruments for human rights protection in Europe.

FRA’s Q&A is based on a compilation of official publications of the Council of Europe and the EU, as well as selected jurisprudence from the ECtHR and the CJEU. It aims to assist legal practitioners.

The ECHR is an international treaty launched by the Council of Europe in 1952 to protect human rights and fundamental freedoms. All 46 Council of Europe Member States, including the 27 EU countries, have acceded to the treaty. The EU is not yet a party to it, but it is legally obliged to, and the accession process is underway. The final draft agreement for the accession was preliminarily approved in March 2023. The European Commission requested the opinion of the CJEU in November 2025, which is the last step before the ratification can be started.'