Accession of the EU to the ECHR: issues raised with regard to EU acts on CFSP matters

In its Opinion 2/13, the Court of Justice of the European Union ruled that the Agreement on the Accession of the European Union to the European Convention on Human Rights did not have regard to the specific characteristics of EU law with regard to the judicial protection of acts, measures and omissions of the EU in the framework of the Common Foreign and Security Policy. This article provides an analysis of what those specific characteristics are with regard to the type of EU acts and measures that are adopted within that policy area and explains what kind of judicial protection may be provided under EU law against such acts. © 2015, ERA.