Verso l'adesione dell'Unione europea alla Convenzione europea dei diritti dell'uomo: prime riflessioni sugli aspetti problematici dell'attuale fase del negoziato

This study analyses the most important provisions of the Treaty of Lisbon in matter of human rights and fundamental freedoms, examining the phase of negotiation of the adhesion procedure which will bind the European Union to the European Convention of Human Right in the future. The major efforts in this phase of negotiation seem to be focused on the research of a point of balance between two different models of international organizations, namely the EU, on the one hand, and the Council of Europe, on the other hand. The main problems concern the hypothesis of a regime of joint responsibility of the EU and of a Member State involved in front of the European Court of Human Rights and the need to determine systems of coordination between the rule of exhaustion of internal remedies and the mechanism of the preliminary ruling.