SPREMNOST EVROPSKE UNIJE ZA PRISTUPANjE EVROPSKOJ KONVENCIJI ZA ZAŠTITU LjUDSKIH PRAVA I OSNOVNIH SLOBODA

Lepotić Biljana (Судија Основног суда у Новом Саду), lepotic.biljana@gmail.com

The European Union is an international organisation having elements of supranationality, whose democratic values and goals have been strengthened by the Treaty of Lisbon, for which reason it is also reasonable to expect that the European Union, as an entity, will comply with international law, the principles acknowledged by international law as well as the principles of protection of human rights prescribed by international instruments in its actions and activities, those primarily contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms. Upon the accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the decisions of the EU would become subject to the control by the European Court of Human Rights, thus providing another instance for the control of the EU acts, for which reason it may be expected that the strengthening of judiciary mechanism of protection of human rights would improve the rule of law in the EU. On the other hand, we must bear in mind that there is a risk that submissiveness of the European Union to the judiciary system of the European Convention might alter the law of the Union, because of which there is a justifiable fear that the accession might jeopardize the specific of the European Union and the law of the European Union.

Keywords: European Union, European Convention for the Protection of Human Rights and Fundamental Freedoms, International courts, EU accession to the Convention, Human rights