ABSTRACT: Following Opinion 2/2013, in the Union’s legal order the status of the principle of mutual trust versus the Charter of fundamental rights should be reconsidered: the Opinion holds that the principle’s incompatibility with the ECHR’s obligations to protect fundamental rights par ricochet is a major obstacle to the Union’s accession to the Convention, whereas fundamental rights are equally laid down in the Charter, which shares the same legal value of the Treaties. The essay deals with the matter by analyzing first the Court’s judgement that reveals the incompatibility between mutual trust and fundamental rights as featured in the case-law of the ECtHR. Next, it discusses the growing role of fundamental rights in the later judgments of the Luxembourg Court in mutual trust cases, to conclude that, put to test, mutual trust seems far from ranking higher than the Charter. The terms of the actual compatibility between mutual trust and fundamental rights are ultimately identified
Lo status del principio di mutua fiducia nell'ordinamento dell'Unione secondo la giurisprudenza della Corte di giustizia. Qual è l'intruso?
Pistoia
2017-01-01
Abstract
ABSTRACT: Following Opinion 2/2013, in the Union’s legal order the status of the principle of mutual trust versus the Charter of fundamental rights should be reconsidered: the Opinion holds that the principle’s incompatibility with the ECHR’s obligations to protect fundamental rights par ricochet is a major obstacle to the Union’s accession to the Convention, whereas fundamental rights are equally laid down in the Charter, which shares the same legal value of the Treaties. The essay deals with the matter by analyzing first the Court’s judgement that reveals the incompatibility between mutual trust and fundamental rights as featured in the case-law of the ECtHR. Next, it discusses the growing role of fundamental rights in the later judgments of the Luxembourg Court in mutual trust cases, to conclude that, put to test, mutual trust seems far from ranking higher than the Charter. The terms of the actual compatibility between mutual trust and fundamental rights are ultimately identifiedI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
