the European Union's accession to ECHR: From necessity a headache

Whilst the protection of human rights was not originally a key objective of the European Union, the expansion of its areas of competence has significantly increased the risk that EU law might affect citizens' fundamental rights. In light of this, human rights were initially safeguarded on a case-by-case basis within the Union before becoming the subject of statutory protection. However, this guarantee gave rise to interactions and conflicts between legal orders, notably with the Council of Europe. This issue created a risk of litigation concerning EU law before the European Court of Human Rights, which made it necessary for the European Union to accede to the European Convention on Human Rights. Paradoxically, however, as negotiations began with a view to this accession - the necessity of which had been unanimously emphasised by legal scholars - new difficulties arose, rendering any potential accession just as problematic as the current situation.