Preliminary ruling as an instrument to interpret fundamental rights within the legal framework of the European Union

Abstract

This paper is aimed at studying the importance of preliminary proceedings before the European Court of Justice (ECJ) as an instrument to interpret fundamental rights. For that purpose, firstly, the paper contains a brief introduction to the European Union and its Charter of Fundamental Rights—which is currently considered a superior rule. Secondly, the paper explains the most important features of the European Union judicial Institution, paying special attention to the principle of freedom from costs and the principle that the parties must be heard, as well as analyzing the ECJ jurisdiction to protect fundamental rights. Finally, the paper expounds the preliminary ruling mechanism and how it is being used in order to interpret fundamental rights within the framework of a legal system with specific characteristics such as the European Union.