Questo matrimonio (così?) non s’ha da fare: il parere 2/13 della Corte di giustizia sull’adesione dell’Unione europea alla Convenzione europea sui diritti dell’uomo

In its Opinion 2/13 of 18 December 2014, the Court of Justice affirmed that the Draft Agreement on the Accession of the European Union to the European Convention on Human Rights does not safeguard the specific characteristics of the EU legal order; hence, it declared its incompatibility with the EU Treaties. The accession process has therefore come to a halt. This situation is in tension with the duty of the Union to accede to the European Convention laid down by Article 6, par. 2. TEU. More than this, the reasons that led the Court to deliver a negative opinion create concerns from the point of view of the protection of human rights. The essay offers a critical analysis of the Court’s reasoning and points at its hostility towards external control by the European Court of Human Rights, which underpins the entire Opinion.