TITLE

LA TUTELA JUDICIAL DE LOS DERECHOS FUNDAMENTALES EN EL ÁMBITO DE APLICACIÓN NACIONAL DEL DERECHO DE LA UNIÓN EUROPEA. RECIENTES ACOTACIONES DEL TRIBUNAL DE JUSTICIA Y DEL TRIBUNAL CONSTITUCIONAL ESPAÑOL

AUTHOR(S)
UGARTEMENDIA ECEIZABARRENA, JUAN IGNACIO
PUB. DATE
July 2013
SOURCE
Teoria y Realidad Constitucional;2013, Issue 32, p391
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
This article deals with the judicial protection of fundamental rights when EU Law is applied at national level and the main problems national judges have to deal with when applying EU Law as protectors of rights. More precisely, the work is focused on the examination of some recent and decisive judicial decisions, both by the European Court of Justice and by the Spanish Constitutional Court which analyze the problems and address the solutions to those questions besides showing the evolution and current situation in that regard. They are decisions that deal with the merits as for example to which extent it might be possible to use national standards of protection of fundamental rights in situations connected to EU Law or to its application instead of using the system of protection of EU human rights. Likewise, they are decisions which handle with more procedural questions as for example to what extent national judges are autonomous to file a preliminary question (it is understood that when it comes time to protect rights acknowledged by the EU) relative to national procedural rules
ACCESSION #
93615019

 

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