Constitutional justice as an element of the law protection function of the EU States

Abstract

Traditionally, the main function of the body of constitutional jurisdiction is the function of constitutional control, but the human rights function, although not a classic one, is equally important.
 The human rights protection function of the body of constitutional jurisdiction in practice is expressed in ensuring the possibility of turning to such a body of a natural or legal person whose rights have been violated, as is usually the case in the case of using all possible means of protection.
 In this article, the experience of applying the human rights function by the bodies of constitutional jurisdiction is considered on the example of the activities of the constitutional courts of the countries of Central Europe and at the same time of the countries of the European Union - Poland, Hungary, Slovakia and the Czech Republic. This experience is valuable for Ukraine, since the constitutional crisis recently affected the Constitutional Court of Ukraine, as well as in view of the active European integration processes in Ukraine and the need for its post-war reconstruction, which is not possible without the coordinated functioning of all state authorities.
 The article examines the experience of reforming the body of constitutional jurisdiction, the legislator's view on the powers of such a body, and vivid examples from human rights practice. A conclusion was made about the formation of transnational constitutionalism by such states, similar to the principles of the European Union, the application of unified, developed principles of proportionality when assessing the balance in the conflict of two or more fundamental human rights.