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Le système européen de protection des droits fondamentaux

Abstract : The relationship between the two european legal order, the European Union and the Council of Europe, and national legal orders is analysed through a systemic vision, on the specific field of protection of Fundamental rights. Their relation has become so intense that it is hard to organise a study about them. That is why the systemic approach helps consider those relations as a whole. The first step, that shifts the interaction between the legal orders mentioned into a system, is the presumption of equivalent protection. Follows the discovery of the rules of the system, that are also an effect of this system. More precisly, the rules are the principle of subsidiarity, proportionality and legal certainty. It appears that there is no need for the European Union to acceed to the European Convention of Human Rights, even if it would make the legal relation easier. However, it could be useful for the effectiveness of Fundamental Rights to deepen the substantial harmonisation between the european legal orders through the identification by the judges of european autonomous concept and common positive human rights obligations.
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Contributor : Tania Racho Connect in order to contact the contributor
Submitted on : Wednesday, April 15, 2020 - 3:10:29 PM
Last modification on : Friday, May 20, 2022 - 9:53:04 AM


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  • HAL Id : tel-02543661, version 1



Tania Racho. Le système européen de protection des droits fondamentaux. Droit. Université Paris II Panthéon-Assas, 2018. Français. ⟨tel-02543661⟩



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