On Equal Footing: The Participation Rights Envisaged for the European Union After Its Accession to the European Convention on Human Rights

The accession of the European Union to the European Convention on Human Rights is envisaged to occur on a basis of 'equal footing' of the EU with the ECHR's State contracting parties. The article questions the appropriateness of this approach. Based on extant treaty practice concerning the accession of one international organisation to another, it shows that 'equal footing' is only very exceptionally granted to an acceding international organisation. It does not find any reasons to grant the EU such an exceptional treatment. Considering the envisaged provisions in turn and appraising them on a balance of interests basis does not lead to a fundamentally different result. Rather, the article concludes that to grant the EU 'equal footing' is appropriate only insofar as this approach will lead to an additional (EU) judge at the European Court of Human Rights and to additional income for the Council of Europe.