Comment by billynomates

The EU already has exactly that! The Charter of Fundamental Rights is binding constitutional law, and the Council's own lawyers said the CC2.0 would probably be annulled by the CJEU if passed. The problem isn't the absence of this constitutional right, it's that constitutional review is retrospective. Someone has to pass the law, it runs for years, harm accumulates, a case reaches the court, and then it gets struck down.