PLMET:

click here to follow the link

Alternative title:

Respect for fundamental rights in eu member states — towards a consistent level of human rights protection in Europe?

Subject and Keywords:

fundamental rights   European Union   human rights   protection

Description:

Tyt. tomu: Księga Jubileuszowa na siedemdziesięciolecie Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego. Cz. 2

Abstract:

The consistency and homogeneity in the protection of the citizens’ rights throughout Europe is one of the objectives and priorities of the European Union EU and its Member States. The introduction of the Charter of Fundamental Rights to the catalogue of the primary sources of EU law resulted in new relations within the different sources of fundamental law in the EU, including general principles of law, secondary legislation and national laws implementing EU law. This also has an impact on the effectiveness of fundamental rights within the EU Member States through the juxtaposition of the general principles of law with non-EU legal obligations of Member States resulting from national constitutions or the European Convention on Human Rights, to which EU is also obliged to accede, but still lacks a legal basis for accession. Under these conditions, different levels and standards of fundamental rights protection overlap and the EU norms must coexist with the norms of constitutional and international law binding for the Member States, as each Member State must coexist in the European judicial area, providing the legal protection of the rights of the citizens. The current problem in this legal area is the scope of the fundamental rights protection in case of a conflict of norms. What is therefore the effectiveness of the protection of fundamental rights in Europe and what are the chances for ensuring a harmonious and coherent system in this context is the subject of reflection in the present article.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2015

Date copyrighted:

2015

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3661. Przegląd Prawa i Administracji 2015, 100, cz. 2, s. 447-462

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.