Sistema integrado de fuentes y sistema integrado de interpretaciones en la perspectiva de una Europa unida

Abstract

The article first analyses the meaning of the expression «European integration» and the degree to which it has been achieved. This exercise leads to different results depending on whether it is done according to the theory of sources or the theory of interpretation. Using examples, the author shows that, despite all appearance to the contrary, the integration achieved amongst the states within the European Union is in many aspects further advanced than the integration achieved within the states themselves. It also shows that the states’ relations with EU law and with the European Convention on Human Rights present strong convergences within the specific realm of protecting fundamental rights. This is a realm in which the differences between the sources, depending on the form, are reduced until they are substantially dissolved. The natural destiny of the national constitution, the Nice-Strasburg Charter and the Human Rights Convention is reciprocal convergence. In the end they could thus be integrated to a degree in which they are identified with each other, especially in terms of their interpretation and application, without any pre-constituted order. The process of interpretation would consider simply the objective of guaranteeing the most intense protection of the interests at stake, in the light of the un-negotiable «supra-constitutional» value of personal human dignity and with regard to the requirements of each case. The conclusion of this analysis is that conflicts between the pronouncements of the European courts and those of the national judges (including the Constitutional Court) must be resolved by weighting techniques and the criterion of optimum protection, according to objective contextual conditions. However, there are still some difficult cases of conflicts between courts, which are described in greater detail in the final part of the article.