The entry into force of the Lisbon Treaty in 2009 runs parallel to the outbreak and evolution of the financial and economic crisis. (…) This Treaty has had a major impact on legal certainty in two particular ways. (…)
In the second place, it has brought fundamental rights to the forefront of the debate, since the Charter has acquired the same legal value as the Treaties (Article 6 TEU). This is important if we look at two points linked to legal certainty. On the one hand, the Charter conveys an important set of social and economic rights and principles, some of which are rooted in pre-existing EU legislation and, accordingly, should be decisive in the interpretation of the Charter itself. On the other hand, a clear-cut adherence to the Charter is, once it is in force, a core component to the substantive acceptability of legal decisions, especially when facing adjudication. Therefore, an elusive commitment to the Charter by the Court of Justice damages European citizens’ expectations that the judiciary will fulfill its task as a guardian.
Pablo Martin Rodriguez
(Legal certainty after the crisis în EU Law after the Finanial Crisis, Intersentia, la pp. 280-1)