Bulletin n. 3/2011
February 2012
CONTENTS
  • 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
    • Schmoll Julia
    Unionsgrundrechte, innerstaatliche Grundrechte und die nationalen Höchstgerichte
    in Zeitschrift für Offentliches Recht , vol. 66, issue 4 ,  2011 ,  461-489
    ABSTRACT: The question of the relation between national and European fundamental rights is controversial in both, the academia and case law. The paper takes the entry into force of the Charter of Fundamental Rights of the European Union as a reason to revisit the question. It starts with the previous discussion on the topic which has acquired new momentum by the wording of Art 51 ECR. For this purpose the scope of application of the European fundamental rights will be identified. In order to do this the limits of their application will be reflected taking into consideration the allocation of competences between the European Union and their Member States. It is then analyzed whether these findings have any impact on the correlation of these two fundamental rights regimes. The last section deals with the enforcement of European fundamental rights. It thereby focuses on the implementation of these rights through national courts.
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