How does the professional background of a future EU judge in the ECtHR matter?

Kaja Kaźmierska, English Law and German Law LLB & M.LL.P, King’s College London/Humboldt University;  EU International Relations and Diplomacy Studies, MA, College of Europe

The EU is supposed to join the ECHR, as provided by Article 6(2) TEU.[1] The agreement between the two institutions was reached in April 2013, as a result of negotiations which commenced in June 2010.[2] However, the CJEU issued its Opinion regarding the agreement on the 18th of December 2014, declaring the agreement incompatible with EU law which significantly slowed down the accession process.[3] Nevertheless, the EU’s accession to the ECHR is still expected, which would fundamentally shift the balance within the European mechanism of human rights protection. Upon joining, the EU will be granted a voice in the European Court of Human Rights (ECtHR), as there will be one EU judge in the Strasbourg Court, along with one for every Council of Europe Member State. As a result, there will be 29 judges from the EU – one from every country and the EU judge. Continue reading