The EU Charter of Fundamental Rights and the Subsisting Commitments of EU Member States under the European Convention on Human Rights: More Variable Geometry

The product of discrete sources and strands, the protection of fundamental rights in Europe has now begun to knit together. The difficulties spring less from widely varying views of what fundamental rights ought to be than from their being played out upon different planes and to different purpose: pan-Europe by virtue of the European Convention on Human Rights, and pan-European Union with its economic (Community) emphasis and partially common law approach combined now with a codified Charter of Fundamental Rights. Perhaps more contentious is the institutional mechanisms by which rights are to... Mehr ...