Bulletin n. 2/2016
December 2016
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Bucura C. Mihaescu Evans
    « Gaps » in protection stemming from the coexistence of fundamental rights' sources in the EU legal order
    in Les Cahiers de droit europeen , volume 52, issue 1 ,  2016 ,  141-165
    This article deals with the various “gaps” in fundamental rights’ protection and more particularly the lacunae which are likely to stem from the coexistence of the various sources of fundamental rights in the EU legal order. The assertion of these various “gaps” is not intended to criticize the protection of fundamental rights in the European Union; on the contrary, it seeks to highlight the way in which the Court of Justice has thrived to ill them up, by taking inspiration and seeking guidance from a variety of national and international sources that it introduced in the EU legal order via the General Principles of Law (GPL) vector of protection. The main underlying aim of this contribution is to stress the imperative need of a continuing reliance on GPL, in spite of the existence of the EU Charter of Fundamental Rights (CFR) which is considered to be a real “Bill of Rights” of the European Union. More broadly, this article seeks to highlight the need for both national and EU Courts to give precedence to the source of law which confers the highest level of individuals’ protection — provided that the “primacy, unity and effectiveness” of EU law are not compromised. Only in this way, it is possible to avoid “gaps” in fundamental rights’ protection which may be highly problematic from the standpoint of the rule of law.
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