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This chapter discusses whether constitutional courts, when called upon for constitutional judicial review of national rules within the scope of the CFREU, should use the Charter as a yardstick and declare unconstitutional the national rules incompatible with the CFRUE. The author suggests the Charter has an indirect impact on constitutional judicial review, since constitutional courts are bound to interpret national law in line with European Union law. The national constitutional courts must guarantee alignment between standards by seeking to interpret the constitution in accordance with the Charter. The full effectiveness of EU law can be achieved by aligning the systems, thereby seeking the simultaneous protection of national and European standards.

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The Charter of Fundamental Rights of the European Union and Constitutional Judicial Review of National Rules

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  • 发表日期：

    2025年

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  • Afonso Patrão

摘要

This chapter discusses whether constitutional courts, when called upon for constitutional judicial review of national rules within the scope of the CFREU, should use the Charter as a yardstick and declare unconstitutional the national rules incompatible with the CFRUE. The author suggests the Charter has an indirect impact on constitutional judicial review, since constitutional courts are bound to interpret national law in line with European Union law. The national constitutional courts must guarantee alignment between standards by seeking to interpret the constitution in accordance with the Charter. The full effectiveness of EU law can be achieved by aligning the systems, thereby seeking the simultaneous protection of national and European standards.