Resolving Conflicts in European Fundamental Rights Protection: National and European Courts’ Perspectives

Abstract

The increased focus on fundamental rights in the post-Lisbon European legal space poses multiple political and legal challenges for the EU as well as for its Member State courts. It is particularly problematic for national courts, since they are at the crossroads between three legal systems: as state organs, they must uphold national Constitution while, at the same time, ensuring compliance of their state with the ECHR and with EU law and EU fundamental rights. Consequently, national courts may be confronted with competing and conflicting obligations for the protection of fundamental rights. After all, the catalogues may not require the same level of protection and are interpreted by different highest courts, while clear rules governing their mutual relationship are lacking. This thesis explores different ways for national courts to deal with and overcome conflicts between EU and ECHR law.