Justice, Individual Empowerment and the Principle of Non-regression in the European Union

• Autores: Dora Kostakopoulou
• Localización: European law review, ISSN 0307-5400, Nº 1, 2021, págs. 92-104
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • EU citizenship and fundamental rights are contextually related, that is, situated within the emergence of a political European Union, but they are also normatively connected. In addition, the increased significance of one institution is conditioned by the increased significance of the other. Deepening and increasing the inter-connections between the Charter of Fundamental Rights and EU Citizenship create more opportunities for the enrichment of both institutions. The article makes the case for the legal recognition of the principle non-regression in fundamental rights protection in the EU legal order and for a future constitutional innovation of allowing individuals direct access to the Court of Justice of the European Union (CJEU). The latter would neutralise attempts by national courts and tribunals to shield illegalities and fundamental rights violations taking place in national arenas from wider scrutiny and effective judicial review.