In this regard, note that the EU can only propose legislation that falls under one of its "competences". For example, national militaries, income tax, education, most of foreign policy, etc, do not fall under EU control.
The ECHR itself is independent of the EU, it is national governments that have signed up to this treaty.
So perhaps the EU institutions do not need to directly refer to the ECHR, only national governments should???
.... It would be interesting to hear knowledgeable legal opinion in this!
>So perhaps the EU institutions do not need to directly refer to the ECHR, only national governments should???
Correct. EU is not a party of the convention, member states are, so EU law can be ruled on by ECJ and national law and actions of national governments by ECHR.
Then at the end of the day it's the national government that would look at your chats and "I'm just following EU law" would not be an especially great excuse for the ECHR court.
The ECHR itself is independent of the EU, it is national governments that have signed up to this treaty.
So perhaps the EU institutions do not need to directly refer to the ECHR, only national governments should???
.... It would be interesting to hear knowledgeable legal opinion in this!