United We Stand: The EU and its Member States in the Strasbourg Court

Abstract

This contribution analyses the institutional implications of the EU’s accession to the ECHR, focusing on the co-respondent mechanism governing EU and Member State participation before the ECtHR . It explores tensions between preserving the autonomy of the EU legal order and ensuring legal certainty and accountability in human rights protection. While the mechanism aims to prevent responsibility gaps in cases involving EU primary and secondary law, its voluntary nature and joint responsibility model create inconsistencies and uncertainty. The chapter argues that the EU's duty of cooperation may mitigate these flaws, but clearer internal rules are needed to ensure coherent external representation and effective protection.