Unity and diversity of European fundamental rights protection

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Series Details Vol.41, No.4, August 2016, p490-512
Publication Date August 2016
ISSN 0307-5400
Content Type

Publishers Abstract
Fundamental rights protection has become complex and demanding between the poles of the European Convention of Human Rights , the Fundamental Rights Charter of the EU and the constitutional fundamental rights of the individual States. These codifications serve different purposes and may have different meanings.

To ensure a productive interaction between these instruments we need to advance the jurisprudence of the courts involved—a jurisprudence that is far from being final—and develop lines of delimitation that do not create hierarchy and uniformity but rather strike a good balance between unity and federal diversity.

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