Does the EU Charter of Fundamental Rights threaten the supremacy of Community law?

Introduction:

This article examines Article 53 of the EU Charter of Fundamental Rights which is one of the general provisions set out in the last chapter of the Charter.

The aim of a provision of this kind, found in many human rights instruments, is normally to ensure that the rights protected by the instrument are applied as minimum standards and not seen as a ceiling of protection. The wording of Article 53 has, however, caused some concern in the special context of the supranational Community legal order. Some commentators have suggested that, if the Charter is incorporated into EU law, Article 53 could threaten the supremacy of Community law over national constitutions, and that it might reinforce tendencies of courts in certain Member States to assert a right to review Community measures against national standards of human rights.

The perceived threat to Community law supremacy will be the main topic of discussion in the following, based on a close look at the drafting history of Article 53 and a comparison with similar provisions in earlier proposed EU human rights instruments, the European Convention on Human Rights (ECHR), international human rights conventions, and the United States Bill of Rights.

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