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Home » Archive » Fundamental Rights Protection In The Eu: The Ecj’s Difficult Mission To Strike A Balance Between Uniformity And Diversity

Andrea Edenharter
Fundamental Rights Protection In The Eu: The Ecj’s Difficult Mission To Strike A Balance Between Uniformity And Diversity
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Over the past few years, the Court of Justice of the European Union (ECJ) case law on fundamental rights protection has become increasingly differentiated, as the Luxemburg court often claims the “last word” when it comes to fundamental rights protection in the European Union (EU). On the other hand, member states’ constitutional courts, too, are eager to keep the final say in EUrelated fundamental rights cases. This not only threatens the supremacy of EU law, but also challenges its uniform interpretation and application. To avoid conflicts of jurisdictions, the ECJ should adopt a margin of appreciation concept like the one developed by the European Court of Human Rights or like the Swiss Federal Supreme Court’s approach of varying judicial scrutiny towards cantonal courts. This would enable the ECJ to strike a balance between uniformity and diversity when it comes to fundamental rights protection in the EU.

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