32. Protocol relating to Article I-9(2) of the Constitution on the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms
THE HIGH CONTRACTING PARTIES,
HAVE AGREED on the following provisions,
which shall be annexed to the Treaty
establishing a Constitution for Europe:
ARTICLE 1
The agreement relating to the accession of
the Union to the European Convention on the
Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the
"European Convention") provided for in Article I-9(2)
of the Constitution shall make
provision for preserving the specific characteristics of the Union and Union law, in
particular with regard to:
(a) the specific arrangements for the Union's
possible participation in the control bodies
of the European Convention;
(b) the mechanisms necessary to ensure that
proceedings by non-Member States and
individual applications are correctly addressed to Member States and/or the Union as
appropriate.
ARTICLE 2
The agreement referred to in Article 1 shall
ensure that accession of the Union shall not
affect the competences of the Union or the powers of its institutions. It shall ensure that
nothing therein affects the situation of Member States in relation to the European
Convention, in particular in relation to the Protocols thereto, measures taken by Member
States derogating from the European Convention in accordance with Article 15 thereof
and reservations to the European Convention made by Member States in accordance
with Article 57 thereof.
ARTICLE 3
Nothing in the agreement referred to in Article
1 shall affect Article III-375(2)
of the
Constitution.
