Three guarantee levels of fundamental rights in the European Union: problems of articulation
Keywords:
European Union, fundamental rights, Charter of fundamental rights of the European Union, European Convention on Human Rights, Constitutional guarantees, Inter-jurisdictional relations, Preliminary ruling, Interlocutory procedure for the review of constituAbstract
The first part of this study focuses on the path to recognition of fundamental rights in the European legal system, the way in which they are guaranteed in the constitutions of the Member States. It was originally a jurisprudential work, later on transformed into the explicit statement in the Charter of Fundamental Rights of the EU and the draft accession to the European Convention on Human Rights of 1950. Eventually, there are three levels of protection of fundamental rights established in the EU, each one under a different judge: the domestic courts, the Court of Justice of the EU and the ECHR. This study clears the difficulties in the relationship between these three judicial orders, and, following their respective case law, brings up the rules that are needed to articulate the relationship between the three levels of protection so as to ensure equivalent guarantees.Downloads
Download data is not yet available.
Downloads
How to Cite
Muñoz Machado, S. (2015). Three guarantee levels of fundamental rights in the European Union: problems of articulation. Revista De Derecho Comunitario Europeo, (50), 195–230. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/38975
Issue
Section
STUDIES
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
