Abstract

The EU’s accession to the Convention on the Rights of Persons with Disabilities (CRPD) implies an important role for the Court of Justice of the European Union (CJEU). Given that the Court has the task of interpreting the CRPD as an instrument of EU law and, in particular, ensuring that EU secondary legislation is interpreted in a manner which is compatible with the Convention wherever possible, it is not surprising to find references to the CRPD in a number of judgments and Opinions of its Advocate General rendered both before, and primarily after, the conclusion of the CRPD by the EU. This chapter explores those judgments and Opinions in some depth, looking at the status of international agreements concluded by the EU; how the CRPD has been incorporated into EU law; and discussing case law that has referred to the CRPD, and analysing the extent to and way in which the CJEU has interpreted the CRPD.
Original languageEnglish
Title of host publicationThe UN Convention on the Rights of Persons with Disabilities in Practice
Subtitle of host publicationA comparative analysis of the role of courts
EditorsLisa Waddington, Anna Lawson
Place of PublicationOxford
PublisherOxford University Press
Chapter5
Pages131-152
ISBN (Print)978-01-9878-662-7
DOIs
Publication statusPublished - 31 May 2018

Publication series

SeriesInternational Law in Domestic Legal Orders

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