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Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.

Article 6 TEU provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No. 9 in the Lisbon Treaty opens the way for accession. This represents a major change in the relationship between two organizations that have cooperated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the hegemonic struggle between the two regimes in Europe and to...