L’adesione Ue alla Cedu e il concorso di meccanismi giurisdizionali e consultivi: quali ricadute sul ruolo della Corte di giustizia?

The essay investigates the potential evolution of the role of the Court of Justice towards a function similar to that of a constitutional court, with particular reference to its advisory competence in the context of the EU’s procedure for concluding international agreements. It focuses in particular on the opinions concerning the EU’s prospective accession to the ECHR, arguing that the concerns expressed by the Court – especially regarding the risk to the autonomy of the EU legal order and, more specifically, to the preliminary ruling mechanism – due to the interaction with the advisory mechanism established by Protocol No. 16 to the ECHR, appear, in light of the Protocol’s objectives and practical application, to have been overstated. Finally, the essay proposes a reinterpretation of the principle of autonomy, within a complex geopolitical context, to ensure the reinforcement of the EU’s foundational values.