Chapter 13

Fundamental Rights, National Constitutions and the European Treaties: Social Rights vs Economic Rights

Silvio Gambino and Julio Pinheiro Faro Homem de Siqueira

Abstract

This paper analyses the emergence of fundamental social rights in the European integration process. As the initial design of the European Union was not for a European society, such rights have emerged slowly. Analysing some European Court of Justice case law, this paper reaches some conclusions about issues of fundamental rights for shaping European rule of law. Firstly, it is necessary to observe the provisions of the European Charter of Fundamental Rights, other European treaties clauses, national constitutional provisions, and the national and European courts case law. Secondly, it is necessary to observe the common constitutional traditions of the member states. Thirdly, the European Court of Justice has constitutional competence, and must maintain a dialogue with the other Courts. Finally, there seems to be a kind of European constitutional judicial review emerging, underlining the necessity of new rules and a more adequate judicial protection of fundamental rights in the European Union.

Total Pages: 211-226 (16)

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