Fundamental Rights Regimes in the European Union: Contouring Their Spheres

Abstract

Various fundamental rights regimes are in operation within the European Union (EU), and frequently overlap: national regimes, the EU’s fundamental rights and the European Convention on Human Rights (ECHR). This raises the issue of how to determine their respective scope of application, which is not only a substantive question, but also a procedural one since different courts are entrusted with their protection, notably the European Court of Justice (ECJ), the European Court of Human Rights (ECtHR), and national constitutional courts. Against this background, this paper explores the relevance of national fundamental rights for EU action. This paper also addresses the controversial question of the degree to which EU Member States are bound by EU fundamental rights, which in turn have finally been codified with the Treaty of Lisbon in 2009.