Open AccessWielopoziomowy konstytucjonalizm Unii Europejskiej a stosowanie praw podstawowych
Author(s) -
J. Barcik
Publication year - 2019
Publication title -
przegląd europejski
Language(s) - English
Resource type - Journals
eISSN - 2657-6023
pISSN - 1641-2478
DOI - 10.5604/01.3001.0013.0789
Subject(s) - constitutionalism , political science , european union , fundamental rights , member states , interpretation (philosophy) , politics , law and economics , european integration , law , public administration , sociology , human rights , democracy , business , international trade , computer science , programming language
The aim of the article is to analyse the application of fundamental rights in the complex political and legal system of the European Union, which can be described as a multilevel constitutionalism. Because the standards of individual protection are created both at the level of national constitutions as well as at the supranational, EU level, it is possible that individual fundamental rights will be understood differently in the Member States. The article tries to answer the question how to solve such an interpretation conflict. A way out is suggested in the form of the need to conduct a constitutional dialogue on the understanding of fundamental rights. The conditions necessary to conduct such a dialogue are also identified. It will lead to achieving the European constitutional consensus. The article puts forward a thesis that the development of a European consensus as to the understanding of fundamental rights leads irrevocably to the formation of a European constitutional identity.