The federalizing force of the EU Charter of Fundamental Rights

Abstract

In the EU, fundamental rights are inextricably intertwined with the federal structure of such a uniquely divided power composite. This article examines the structure of fundamental rights' protection and the continuous bargaining over the allocation of judicial tasks between domestic and EU courts regarding the interpretation and enforcement of fundamental rights. First, I will analyze the latest Court of Justice case law to show how, since the Charter of Fundamental Rights entered into force, it has had a centralizing effect. Next, I will reflect upon how the "nationalist school of federalism" developed in the US literature might provide valuable insights for an argument grounding supranational authority while acknowledging the contribution of state constitutions and state courts to the supranational system of rights' protection. In the end, it will be argued that the growing self-empowerment of the Court of Justice in the field of fundamental rights needs to be tempered by an understanding of how state courts and rights could actually promote supranational ends in this context.