Unele consideraţii critice asupra Avizului 2/13 al Curţii de Justiţie a Uniunii Europene
Some Critical Considerations on Opinion 2/13 of the Court of Justice of the European Union

Summary/Abstract: This article aims to analyze the doctrine that resulted as a reaction to the arrival of Opinion 2/13 from the European Court of Justice, by which it considered that the European Union cannot accede to the system established by the European Convention on Human Rights. The prospect of a limitation to its own interpretative monopoly on European law, as well as the fear that the autonomy and the specificity of the European Union system would be irreversibly affected through accession, at least as it was envisioned in the Draft Accession Agreement, determined the „Supreme Court of the European Union” to reject another proposal for accession. Of course, the opinion sparked a new series of debates on the main reasons for rejection, and doctrine soon appeared on this topic. Through this article, I would like to relay some of the most controversial points contained by the opinion, doctrinal views referring to them, as well as my own comments.

• Details
• Contents