Abstract
As is well known, judicial forums on a continental or national level have been coexisting in Europe for some time now, occupying overlapping areas of jurisdiction—whether actually or potentially—without their respective relationships being defined in strict or unambiguous terms. In the field of fundamental rights, more specifically, this coexistence is reflected in a triangle of sorts, which developed with the European courts at one side, the Luxembourg court and national courts at another side, and the Strasbourg and national courts at yet another side: each of them being within their rights to deal with the protection of fundamental rights.
Vice-President of the Court of Justice of the European Union.
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References
MacCormick N (1999) Questioning sovereignty, law state and nation in the European commonwealth. Oxford University Press, Oxford
Torres PĂ©rez A (2009) Conflict of rights in the European Union. Oxford University Press, Oxford
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Tizzano, A. (2019). European Courts and the Protection of Fundamental Rights. In: Selvik, G., Clifton, MJ., Haas, T., Lourenço, L., Schwiesow, K. (eds) The Art of Judicial Reasoning. Springer, Cham. https://doi.org/10.1007/978-3-030-02553-3_3
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DOI: https://doi.org/10.1007/978-3-030-02553-3_3
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