Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue – Autonomy or Autarky?

In Opinion 2/13 the CJEU finds a series of flaws in the draft Accession Agreement to the ECHR, which revolve around safeguarding the autonomy of EU law as well as its own jurisdiction. This paper first develops a basic normative framework for assessing the Opinion. That framework focuses on the concept of judicial dialogue, and seeks to establish an agreeable understanding of what dialogue between the CJEU and the ECtHR, post-accession, ought to involve. The paper subsequently develops a critique of Opinion 2/13, challenging the CJEU’s understanding of EU law autonomy and issues of jurisdiction.