Keeping separate what belongs together? Opinion 2/13 of the EU Court of Justice on the accession of the European Union to the European Convention of Human Rights
After 1996 (2/94), the Court of Justice was again given the opportunity to make a legal assessment of the accession of the European Union to the European Convention on Human Rights. Although under Article 6(2) TEU the constitutional basis of the accession has fundamentally changed, the Court of Justice again decided against the legal permissibility of the accession. On the basis of the numerous substantive and legal hiatuses found by the Court of Justice, it was the legal preparation of the accession which suffered from serious deficits.