The protection of human rights through the reform of the Statute of the Court of Justice of the European Union

Resumo

The aim and object of this paper is to investigate the reform process of the Statute of the CJEU, reaching the conclusion that the entry into force of the relevant Regulation (EU, Euratom) 2024/2019 of the European Parliament of 11 April 2023 has followed a process in content that begins after the proposal of the CJEU of 30 November 2022. The interpretation and application that derives from the framework that concerns the contents of the reform to a system of protection of fundamental rights of the Union deserves greater attention. The need for a framework within the systematicity of relationships between the sources of law of the Union and within the force of references to fundamental rights, is relevant for the exercise and the jurisdictional function that are formulated by the legislator. Our analysis also seeks to investigate the architecture of the preliminary ruling and the procedural and substantive criteria that have to do with the distribution of the competence of ex Art. 267 TFEU between the Tribunal and CJEU. The proposals under consideration and in relation to the definition of interpretative standards are consistent with the need for effective jurisdictional protection for a better administration of justice that bring to light normative data of a relevant jurisprudence with reference to the discipline of the precision and uniqueness model.