Uninvited remedy providers? On the repatriation of EU fundamental rights via constitutional adjudication

Authors

  • Pedro Cruz Villalón Universidad Autónoma de Madrid

DOI:

https://doi.org/10.18042/cepc/aijc.25.03

Abstract

The past decade has seen the Austriand the German Constitutional Courts successively engaging in a similar U-turn in their former case-law in order to adjudicate on individual complaints (Verfassungsbeschwerde) vindicating fundamental rights
enshrined in the EU Charter. The article analyzes the resulting constitutional case law focusing on its implications on the normativity of the Charter and inquires on the likelihood of corresponding developments in other Member States with similar
constitutional remedies as is prominently the case of the Spanish amparo.

Published

2021-07-01

Issue

Section

STUDIES