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Publishers Abstract:
A major challenge for the protection of fundamental rights in the EU is that the Member States disagree about the proper level of protection of these rights. Such disagreements can revolve around the issue of which rights are to be protected as fundamental rights, how they are to be interpreted, and how they are to be balanced against other interests. Striking examples are that the protection of human dignity in Germany is interpreted so that playing laser games is forbidden, the Irish Constitution protects the life of the unborn and the Netherlands recognizes freedom of education as a fundamental right. The judgment in Melloni concerns the question of how this issue is dealt with under the Charter of Fundamental Rights of the European Union and was given in response to the first ever preliminary reference from the Spanish Tribunal Constitucional (Spanish Constitutional Court).
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