Adjudicating Conflicts of Fundamental Rights in Europe

9 Pages Posted: 20 Jun 2010

See all articles by Lorenzo Zucca

Lorenzo Zucca

King's College London – The Dickson Poon School of Law

Date Written: June 19, 2010

Abstract

This review article discusses the problem of institutional competition between European Courts with regards to fundamental rights claims. It argues that Torres Perez’s book - 'Conflicts of Rights in the EU: A theory of Supranational Adjudication' - misleadingly characterizes the notion of conflicts of rights as a problem of institutional coordination. Moreover, the article argues that the practice of adjudication of Fundamental Rights in Europe cannot be legitimized as such as it is in need of deep rethinking and more transparent regulation. Disagreements about rights across different systems of protection cannot be dealt with by appealing to the ability of judges to engage in a dialogue in order to avoid confrontation. Adjudication on fundamental rights is not a moment of dialogue between courts but a moment of deliberation about issues of fundamental importance to right holders. To guarantee that those decisions are taken responsibly it is necessary to call for a reform of the practice towards a more coherent, well-ordered architecture of European fundamental rights.

Suggested Citation

Zucca, Lorenzo, Adjudicating Conflicts of Fundamental Rights in Europe (June 19, 2010). Available at SSRN: https://ssrn.com/abstract=1627370 or http://dx.doi.org/10.2139/ssrn.1627370

Lorenzo Zucca (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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