Un punct de vedere cu privire la interpretarea corelată a dispozițiilor art. 53 din Convenția (europeană) pentru apărarea drepturilor omului și a libertăților fundamentale și art. 53 din Carta drepturilor fundamentale a Uniunii Europene în contextul
A point of view on the correlated interpretation of the provisions of Article 53 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and of Article 53 of the Charter of Fundamental Rights of the European Union in

Summary/Abstract: This paper presents a point of view regarding the correlated interpretation of both articles 53 from the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter, ECHR) and the Charter of Fundamental Rights of the European Union (hereinafter, the Charter) in the context of EU accession to ECHR. Opinion 2/13 of the EU Court of Justice from 18 December 2014 establishes that there is no provision in the Commission’s project agreement for EU accession to ECHR that envisages to ensure a coordination between both articles 53, allowing Member States to provide for higher standards on human rights protection than ECHR or the Charter, which could entail the undermining of the primacy, unity and effectiveness of EU law. The analysis of mentioned articles 53 shows that the object of interdiction derived by those norms refers only to limiting the eventual higher standards of member states on grounds based upon ECHR or the Charter’s texts, but in no case by other legal grounds, such as EU law (other than the Charter). The European Court of Human Rights shall never establish the existence of a breach of ECHR if EU law limits the full extent of the national standard of human rights protection, as long as ECHR standards are met. This final condition is always fulfilled because of the homogeneity clause provided for by the Charter of Fundamental Rights of the European Union in Article 52 (3). The conclusion is that there is no need for another provision coordinating both articles 53, in the context of preserving the primacy, unity and effectiveness of EU law, in case of a full accession of EU to ECHR and the lack of it, as established by the Opinion 2/13 of the Court, is pointless.

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