The constitution of the European Union depends on the fundamental rights situation in EU Member States. Hungary is the latest and most grave example of a EU Member State whose fundamental rights deficiencies are cause for concern.
What can the Union do about it? What if treaty violation procedures and political pressure won’t do to get the situation under control? At which point ceases the problem to be an “internal” issue – in law, in politics? And how can the trap of massive centralization in the EU be avoided, if one broadens the scope of Union-level fundamental rights protection with the CJEU as the supreme guardian?
A research team led by Armin von Bogdandy, director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, has taken up these salient questions in a report commissioned by the German Foreign Office. The authors present a strikingly systematic proposal that may have far-reaching consequences:The European Court of Justice ought to declare itself competent to protect the fundamental rights of Union citizens even against their own state, if and as longs as the national court system in the respective Member State cannot or will not sufficiently protect the “essence” of fundamental rights.
We have asked Armin von Bogdandy, Matthias Kottmann, Carlino Antpöhler, Johanna Dickschen, Simon Hentrei, and Maja Smrkolj to present and discuss their proposal on Verfassungsblog ...Zum vollständigen Artikel