Fundamental Rights in the EU: Legal Pluralism and Multi-Level Protection After the Lisbon Treaty

Abstract

This Chapter offers an overview of the multilevel system of fundamental rights protection in Europe. The different dimensions involved are considered with a view to single out the many criticalities which affect the present state of affairs and, subsequently, to determine the possible added value of the Lisbon Treaty. The co-existing national, supranational and international (universal and regional) systems of fundamental rights protection and the respective systems of enforcement suffer from a lack of coordination which may affect the possibility for an individual to obtain justice. Pursuant to the Lisbon Treaty, the Charter of Fundamental Rights has the same status as the treaties and the Union is bound to accede to the European Convention on Human Rights. These two lines of action are complementary, but are analyzed separately. On the one side, the author investigates the scope of the newly binding Charter taking into account the UK and Polish Protocol. On the other hand, the consequences of accession are addressed in terms of technical arrangements and judicial interaction. It is concluded that the Reform Treaty in principle allows the creation of a more complete, coherent and consistent legal framework, but may hide thankless surprises.