Multilevel protection of fundamental rights in Europe and its impact on Asia

Abstract

This chapter aims to analyze the multilevel protection of fundamental rights in Europe from the viewpoint of a third party, more specifically an Asian perspective. It outlines the development of multilevel protection of fundamental rights in Europe, focusing on the relationship between Germany and the EU, especially between the German Federal Constitutional Court (FCC) and the Court of Justice of the European Union (CJEU). Firstly, the history of protection of fundamental rights will be illustrated in the framework of the relationship between Germany and the EU. Thereafter, court cases will be discussed to clarify problems and the relationship between the FCC and the CJEU. To follow, the impact of the protection of human rights in Europe on Asia will be highlighted, in particular the Economic Partnership Agreement and the Strategic Partnership Agreement between the EU and Japan will be referred to, and the final section will conclude by looking into ways and challenges of adopting a European rights protection system in Asia.