European Constitutionalism and Fundamental Rights
The enactment of the ECHR and the process of economic and political integration in the European Union over the second half of the twentieth century have contributed to create multiple spheres of rights’ protection on the basis of state constitutions, the ECHR, and the Charter. The ultimate interpreters of these declarations of rights are, respectively, Constitutional or Supreme Courts, the ECtrHR, and the CJEU. The dialogue among these courts has given rise to the so-called European ius commune in the field of fundamental rights. The plurality of rights and courts offers new opportunities for the protection of fundamental rights, but it also poses many challenges from a structural and political perspective. This course will analyse the dynamic interaction between the constitutional, supranational, and international legal orders for rights’ protection in Europe.