CJUE, Carta și CEDO. Amurgul unei relații atipice?
CJEU, the Charter and the ECHR. The Sunset of an Atypical Relationship?

Summary/Abstract: The specificity of the EU legal system of fundamental rights lies firstly from the inspiration that its creators took from member states’ common constitutional traditions and international human rights norms, among which is the ECHR. Secondly, its declared reference to the ECHR for the interpretation of its „home-grown” catalogue of fundamental rights and for establishing a minimum standard regarding the meaning and the scope of the corresponding rights guaranteed in the Charter, is also unreservedly unique. Thirdly, in this peculiar autonomous system, the constitutional basis of the EU, TEU, created a legal obligation to accede to the ECHR. However, the accession seems to be buried 6 feet under, at least for the near future, due to the autonomy of the EU legal system uttered by the CJEU in the Opinion 2/13. Is this watershed the beginning of the end between the CJEU, the Charter and the ECHR or just a temporary estrangement? Are those idiosyncrasies of EU fundamental rights system comfortable to understand by the national judge? How will these developments change the meaning and the scope of the EU fundamental rights norms? The paper aims to contribute to the understanding of this three-sided system. The analysis emphasises the distinctive characteristics of EU fundamental rights catalogue and offers practical solutions to national judges’ possible dilemmas when dealing with rights that are guaranteed by both the Charter and the ECHR.

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