Europejska Konwencja Praw Człowieka a Karta Praw Podstawowych Unii Europejskiej – stan kompatybilności czy konkurencyjności?
- Institution: Uniwersytet Śląski
- Year of publication: 2011
- Source: Show
- Pages: 179-188
- DOI Address: https://doi.org/10.15804/ppk.2011.03.09
- PDF: ppk/07/ppk709.pdf
European Convention on Human Rights and Charter of Fundamental Rights of European Union – compatibility or confrontation
European Convention for the Protection of Human Rights and Fundamental Freedoms enjoys good opinion of the constitutional act orders European legal space of human rights. The pearl in the Convention crown is European Court of Human Rights, which case-law creates European standards of human rights in contemporary way. Being obligatory, Lisbon Treaty and Charter of Fundamental Rights of European Union change the previous situation. Instrumentarium of the human rights protection in Europe has been enriched. However a number of questions about the relation between Convention and Charter arise and the relation between European Court of Human Rights and Court of Justice of European Union as well as the case-law of both European courts. Are the relations going to be complementary or use confrontation?