Autonomía versus sumisión a un control externo en materia de derechos fundamentalesconsideraciones sobre el Dictamen TJUE Nº 2/13 relativo a la adhesión al CEDH

Abstract

Probably, the ECJ has put paid to any chance of accession to the ECHR. Instead, it opted for an exacerbated protection of the principle of autonomy of Union law and exposed profusely grounds of incompatibility of the project. However, it seems doubtful either if the principle of autonomy requires today such a protection or if we must export our executive federalism inherent problems. Anyway, it is difficult trying to reconcile such a plea with the Union’s ability to project itself as an important actor in international relations. However, citizens will be the rights victims of Opinion n. 2/13 to whom, based on a strict interpretation of the Project, are being denied the right to submit to the same external scrutiny Union daily activities as it is nowadays the action of their government.