유럽연합법의 자치성 원리와 기본권 보호에 관한 연구

Abstract

The European Union's accession to the European Convention on Human Rights began in the 1970s and was marked by the Lisbon Treaty, which authorized the EU's accession. In 2013, a draft agreement was prepared by the Council of Europe's Steering Committee on Human Rights, but the draft agreement was rejected by the European Court of Justice in Opinion 2/13 on the question of the autonomy and specificity of EU law. The negotiations resumed after a gap of more than five years, and the issues raised in Opinion 2/13 were addressed through a process of consensus and amendments were finalized.
 This article revises the intent of the European Court of Justice's decision to reject the draft and compares the content of the final amendment to the draft to understand the process of reaching a consensus on respect for EU autonomy.
 The renegotiation process of the CDDH Negotiating Group has also organized the sections relating to the autonomy of EU law, which were challenged by the European Court of Justice in Opinion 2/13, into four baskets: Basket 1 is the EU’s specific mechanisms of the procedure before the European Court of Human Rights, Basket 2 is the operation of inter-party applications (Art. 33 of the Convention) and of references for an advisory opinion (Protocol No. 16 to the Convention) in relation to EU Member States, Basket 3 is Discussion of proposals submitted on the principle of mutual trust between the EU member states (in the area of freedom, justice and security), Basket 4 is Discussion of proposals submitted on the situation of EU acts in the area of the Common Foreign and Security Policy that are excluded from the jurisdiction of the Court of Justice of the European Union.
 From the 6th meeting in 2020 to the 18th meeting in March 2023, the amendments largely accepted the issues of autonomy of EU law raised in the opinion 2/13. There was consensus in the negotiating group that the CFSP policy aspect of basket 4 should be resolved internally by the EU, and the recommendation to keep the CDDH informed of the EU's efforts and progress, and to actively monitor relevant issues, was accepted, leaving it up to the EU to resolve the issue, while respecting its autonomy.
 The future of the EU's accession to the Convention depends entirely on the will of the EU and its Member States. The rapid entry into force of the amendments proposed by the CDDH Negotiating Group will depend on how quickly the EU and its member states can come up with a solution to Basket 4, the issues of common foreign and security policy whose resolution is pending.
 As a result, the unanimous agreement on the amendment by the Negotiating Group of the Council of Europe's Human Rights Steering Committee is a clear indication that all countries involved are committed to the EU's accession to the European Convention on Human Rights.