Reply to post: Re: ECJ and ECHR

Why Theresa May’s hard Brexit might be softer than you think

Norman Nescio Silver badge

Re: ECJ and ECHR

ECJ: highest court one can appeal to regarding EU law. Agreeing to this is required for EU membership.

ECHR: Highest court one can appeal to regarding Human Rights law. Agreeing to this is required if you wish to be a member of the Council of Europe (nothing to do with the EU - it is a separate organisation). However, in order to be an EU member, you must also be a member of the Council of Europe.

So, if a country wishes to no longer agree that the ECHR is the highest court regarding Human Rights, then that country also loses membership of the Council of Europe; in in doing so, it automatically cannot be a member of the EU.

Russia seems to be doing its best to lose membership, having passed a law that makes Russian law supreme to the ECHR; and by not accrediting a delegation to the Parliamentary Assembly of the Council of Europe.

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