Autore
Zanghì, ClaudioTitolo
La mancata adesione dell'Unione Europea alla CEDU nel parere negativo della Corte di giustiziaPeriodico
Ordine internazionale e diritti umaniAnno:
2015 - Fascicolo:
1 - Pagina iniziale:
129 - Pagina finale:
157This article is about the advisory opinion of the European Court of Justice on the
draft agreement for the EU accession to the ECHR. It starts with the analysis of the of the
EU relevant legal framework and following It analyses the opinion of the Court and its
willingness to conclude the case with a rejection. Some consideration is even done on the
principle of loyalty among States.
The author makes some critics about the Protocol n. 16 to the ECHR. In fact,
Despite It was not a subject of the advisory opinion, it is used by the Court as an argument
to show the contrasts between the ECHR and the EU Legal orders. In fact, It might be in
conflict with the mechanism of the preliminary rules to the European Court of Justice.
This consideration moves from the fact that both the European Court of Justice and the
ECtHR would have an exclusive competence in same matters. Thus, the only solution
would be that the European Court of recognized the only competence of the ECtHR in
the cases which regards Human Rights. On this point, the European Court of Justice in its
opinion considered this possibility as inapplicable, because it has always been very jealous
of its competences.
Concluding, despite the hard work carried on to reach an agreement, It is currently
legally impossible. The only chance for the EU accession is a political decision. After
substantially political is art. 6 of the TEU.
SICI: 2284-3531(2015)1<129:LMADEA>2.0.ZU;2-F
Testo completo:
http://www.rivistaoidu.net/sites/default/files/9_Zangh%C3%AC%20CEDU.pdfEsportazione dati in Refworks (solo per utenti abilitati)
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