Mohay Agoston, The complex relationship of EU law and international law, with special regard to the European Convention on Human Rights

1. Introduction . The EU is an important member of the international community: it possesses international legal personality and is engaged in various international relations. Yet the relationship between international law and the law of the European Union cannot be described easily. Having regard also to the jurisprudence of the Court of Justice (CJEU), the issue is rather complex and differentiation is required as regards different sources of international law and different sources of EU law. It should be analysed whether this complicated relationship is more similar to a dualistic or a monistic approach. It must also be investigated whether the jurisprudence of the Court of Justice is fully coherent in this regard and whether a content-based approach is possible. Of special relevance is the status of the European Convention on Human Rights (ECHR) in the EU legal order, also in light of the planned accession of the EU to the human rights regime of the Council of Europe.

2. The...