Title: The judicial dialogue between the Luxembourg and National Courts in the European framework of the multilevel protection of fundamental rights

Authors: Barrett Jizeng Fan

Addresses: Scuola Superiore Sant'Anna Pisa, Piazza Martiri della Libertà, 33-56127, Pisa, Italy

Abstract: This article focuses on the vertical judicial interaction between the Luxembourg and National Court with regard to the fundamental rights protection. In the first part, the author mainly explores in what technique adopted by the Luxembourg Court finding the general principle of EU law through the reference to the national Constitutional provisions and how does the Luxembourg Court identify and create the general principle embedded on the reference of domestic law for setting the EU fundamental rights standard before the Lisbon Treaty came into effect. In the second part, the author mainly focuses on the role of Art.4(2) TEU respectively in the judgment of national courts and Luxembourg Court. In the final part, the author does a comparative research on the relationships between the German, Spanish, French and Italian Constitution Courts and the Luxembourg Court under Art 267 TFEU.

Keywords: EU fundamental rights; judicial dialogue; preliminary reference; counter-limit doctrine; constitutional courts; Court of Justice of the European Union; CJEU; rights protection; national courts; Germany; Spain; France; Italy.

DOI: 10.1504/IJHRCS.2016.078315

International Journal of Human Rights and Constitutional Studies, 2016 Vol.4 No.2, pp.95 - 128

Received: 11 May 2016
Accepted: 11 May 2016
Published online: 14 Aug 2016 *

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