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
Date Written: February 9, 2017
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
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