El derecho de la Unión Europea ante las cláusulas derogatorias previstas en los tratados internacionales de derechos humanos
Journal: Revista de Derecho Comunitario Europeo
Year: 2020

Activation of derogation clauses embodied in international human rights treaties to which Member States are parties belongs to the exclusive competence of the latter, being its exercise able to raise limits to the primacy of EU law within fields allocated to the Union when self-protection of Member States under international law is at stake. Nevertheless, the autonomy of EU Law imposes constraints both on the sovereign assessment aiming at the application of derogation clauses and on the measure