European law v. national law in the field of fundamental human rights

Abstract

Fundamental rights are protected at several levels, ranging from the national to the European level. However, the standard of protection may differ, sometimes the national standard being superior. The question therefore arises as to whether, in the event that a European legal norm infringes the national standard of protection in respect of a fundamental right, the former could remain unapplied. Specifically, the question arises as to whether there can be cases where national law prevails over European legislation in the area of fundamental rights. In this article we have attempted to answer this question by examining the views of the constitutional courts of the European Member States and that of the Court of Justice of the European Union on such a conflict.