Trattato di Lisbona e diritti fondamentali: nuove prospettive con riferimento alla Carta di Nizza ed al rapporto tra Unione Europea e CEDU

Abstract

The author analyses some important aspects of the impact that the Lisbon Treaty can have in the system of the community tutelage of fundamental rights. In particular the author deals whith the central core of those provisions of the law which concern the complicated theme relating to the juridical value of the Charter of Fundamental Rights of the European Union and the relationship between European Union and European Convention for the Protection of Human Rights and fundamental Freedoms. The n.1 article of Lisbon Treaty gives the Charter of Fundamental Rights EU the same juridical value of the treaties. So the author wants to clarify the impasse that this article will determine on the role taken by the Court of justice to protect the fundamental juridcal situations. Nevertheless if from one side there is the possibibility of an enlargement of protection (recognition of civil and political rights and economical,social and cultural ones), on the other side, some ambiguities appear (as for example, among the light and shade effects of the Treaty, the right of opting out given to some States members).Concerning the new n.6 article TEU, the author analyses the relationship between the Court of justice and the European Court of Human Rigths, highlighting that there are the conditions that give the two Courts the chance to act with synergy; even if some difficulties persist in order to harmonize the two systems of tutelage.