The Weakening of the Protection of Fundamental and Human Rights in a Multilevel Legal System

International Review of Human Rights Law. Second Issue, Feb 2017. ISSN: 2455-8648.

18 Pages Posted: 22 Jun 2017

See all articles by Matheus Passos Silva

Matheus Passos Silva

CEDIS - NOVA School of Law; Centro Universitário UniProjeção; University of Lisbon - School of Law

Date Written: February 9, 2017

Abstract

When discussing constitutional and legal protections of fundamental and human rights, many assume that a multilevel system of rights protection is preferable – “the more the better.” Nonetheless, the reality is not quite that simple, as one can see in Europe – a region considered to be the beacon of the so-called multilevel system of protection of fundamental and human rights. The present article aims to debate the Melloni case, where fundamental and human rights were bypassed by the need to maintain “the primacy, unity and effectiveness of EU law”. First, we show how fundamental rights expanded from a national to an international perspective – and even melted with human rights – and then we debate the risks of using a multilevel system for the protection of fundamental rights. At the end it is shown how the Melloni case effectively lowered the level of such protection, acting exactly in the opposite direction from that which is expected from a multilevel legal system of rights protection.

Keywords: Fundamental Rights, Human Rights, Melloni case, Multilevel Protection, European Union

Suggested Citation

Silva, Matheus Passos, The Weakening of the Protection of Fundamental and Human Rights in a Multilevel Legal System (February 9, 2017). International Review of Human Rights Law. Second Issue, Feb 2017. ISSN: 2455-8648., Available at SSRN: https://ssrn.com/abstract=2988593

Matheus Passos Silva (Contact Author)

CEDIS - NOVA School of Law ( email )

Travessa Estevao Pinto
Campus de Campolide
Lisbon, 1099-032
Portugal

Centro Universitário UniProjeção ( email )

A.E.n.5 e 6 Setor C Norte
Brasilia, DF 72115-157
Brazil

University of Lisbon - School of Law ( email )

Lisbon, Portugal
Brazil

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