The enforcement of EU fundamental rights

Christoph Grabenwarter

Chapter 13 in Research Handbook on European Constitutional Law, 2026, pp 232-245 from Edward Elgar Publishing

Abstract: It will be examined how EU fundamental rights protection interacts with national constitutions and the ECHR. Against the background of these three levels of fundamental and human rights, the role of Article 52(3) CFR and the influence of common constitutional traditions of Member States will be highlighted. It will also be shown how the CJEU and national constitutional courts (German BVerfG, Austrian VfGH, Italian Corte costituzionale) have increasingly coordinated their case law with the judicial control of other courts. The reasoning of these national constitutional courts regarding the progressive integration of the CFR will be illustrated. A process of harmonisation, determined by mutual reception, can be identified for the courts at all three levels. The evolving dialogue between courts, which seeks greater uniformity and higher protection across Europe, while respecting differing national procedural frameworks and the distinct roles of the CJEU, ECtHR, and national courts, will be further intensified in the future.

Keywords: Fundamental rights catalogue; European Convention on Human Rights; ECHR; Harmonising clauses; Common constitutional traditions; Court of Justice of the EU; CJEU; Constitutional courts (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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