CONTROL OF CONVENTIONALITY AND THE JUDICIAL APPLICATION OF THE FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

This paper aims to study the control of conventionality and the legal implementation of the fundamental rights of the European Union. With the opening up to international human rights law, a characteristic of internationally integrated constitutional states, as a starting point, it studies the instruments for the protection of fundamental rights as a remedy available to national judges. In particular, the paper examines how judges can apply the fundamental rights of the European Union, along with related issues, such as the standard of protection for rights should there be a discrepancy between the content of fundamental rights that are protected in the European Union's system of laws and in the Constitution.