On behalf of the autonomy of Union Law: some considerations on a polemical opinion

Abstract

The European Union is a Union of Right. While the original Treaties did not mention fundamental rights, the Court of Justice of the European Union incorporated them as general principles. However, since they were not identified, it has been given a Charter of Fundamental Rights of the European Union. As the Treaty of Lisbon indicates that it is an obligation to accede to the European Convention on Human Rights and concluded such an endeavour, the Court of Justice of the European Union stated that the Agreement was compatible neither with Protocol (No 8) relative to nº 2 of Art. 6, nor with Dec. ad n.º 2 of art. 6º of the Treaty of the European Union. In this context, the content of the Project and the Opinion are analysed and appointed the reasons for which the Court must develop its case-law in a consistent manner with the Charter.