Between Discursive and Exclusive Autonomy - Opinion 2/13, the Protection of Fundamental Rights and the Autonomy of EU Law

PIRKER, Benedikt H. ; REITEMEYER, Stefan

In: Cambridge Yearbook of European Legal Studies, 2015, vol. 17, no. 1, p. 168-188

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    Summary
    EU Opinion 2/13 on the accession of the EU to the ECHR was a landmark decision of the Court of Justice of the EU both for fundamental rights protection in the EU and the autonomy of the EU legal order. The present article argues that two approaches would have been possible, following either a discursive or an exclusive understanding of autonomy. As a thorough discussion of the Opinion shows, the Court chose the latter pathway, with detrimental consequences for the foreseeable future