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
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