Download this Paper Open PDF in Browser

ECJ Review of Member State Measures for Compliance with Fundamental Rights

UNION DE DROIT, UNION DES DROITS: MELANGES EN L’HONNEUR DE PHILIPPE MANIN, Forthcoming

Cornell Legal Studies Research Paper No. 10-001

9 Pages Posted: 18 Feb 2010  

John James Barcelo III

Cornell University - Law School

Date Written: June 29, 2009

Abstract

This essay explores the avenues through which a European-level system of fundamental rights might be effectively enforced against EU Member State measures. The parallel concept in the U.S. occurred when, starting in 1938, the U.S. Supreme Court began ruling that different distinct guarantees in the Federal Bill of Rights of the U.S. Constitution controlled State government measures. In the EU, the European Court of Justice (ECJ) could conceivably follow a similar line of development within the EU system, or, on the other hand, the European Court for Human Rights (ECtHR) could play that role. This essay explores these options and suggests that either one or the other is likely to emerge at some point in the future in a role equivalent to the U.S. Supreme Court as the guardian of fundamental rights for all EU citizens, articulated and enforced (even against Member State measures) at the European level.

Keywords: European Union, Fundamental Rights, European Court of Justice, European Court of Human Rights, Civil Rights, Judicial Review, ERT

Suggested Citation

Barcelo, John James, ECJ Review of Member State Measures for Compliance with Fundamental Rights (June 29, 2009). UNION DE DROIT, UNION DES DROITS: MELANGES EN L’HONNEUR DE PHILIPPE MANIN, Forthcoming ; Cornell Legal Studies Research Paper No. 10-001. Available at SSRN: https://ssrn.com/abstract=1543222

John James Barcelo III (Contact Author)

Cornell University - Law School ( email )

318 Myron Taylor Hall
Ithaca, NY 14853-4901
United States

Paper statistics

Downloads
136
Rank
178,412
Abstract Views
882