El valor de posición de la carta de derechos fundamentales en la comunión constitucional Europea1

Abstract

Metaphorically speaking the Charter of Fundamental Rights of the European Union (CFR) is the venous system through which the culture of fundamental rights circulate nowadays in the constitutional space of the Union. This emerging strategic condition of the CFR is not to be read as the sole and direct consequence of Union Law as interpreted by the ECJ. Member States apex courts are also playing a crucial role in consolidating the place value of the CFR. The present contribution examines the dual functionality of the CFR both in the legal order of the Union and that of the member States. Thereby it pays particular attention to the ruling of the Austrian Constitutional Court dated March 14th 2012, better known as "the Charter decision", as well as the ensuing case law.