Acceso usuarios
- JHR, - LB.
Once again, the relationship between national and European constitutional law has come to the forefront of case-law and academia with the recent kerberg Fransson and Melloni judgments of the European Court of Justice (ECJ). These judgments more specically concern the relationship between national fundamental rights and those in the EU Charter of fundamental rights. The bottom line of Fransson is that the fundamental rights guaranteed by the Charter must be complied with where national legislation falls within the scope of European Union law; that of Melloni is that where an EU legal act calls for national implementing measures, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and eectiveness of EU law are not thereby compromised. In combination, these rulings have the potential to marginalise national fundamental rights protection and perhaps even national constitutions.
