Revista de derecho (Valdivia)
versión On-line ISSN 0718-0950
AMEZUA AMEZUA, Luis-Carlos. Fundamental rights in the european community. Rev. derecho (Valdivia) [online]. 2004, vol.16, pp. 105-130. ISSN 0718-0950. http://dx.doi.org/10.4067/S0718-09502004000100005.
The European Union is an organisation constituted by more than twenty States that have transferred legislative competences and whose Law prevails over that of the Member States. However, it lacks a bill of fundamental rights and the Charter of Fundamental Rights - proclaimed in December 7th, 2000 - still does not have a legal value. There are several levels of protection that coexist, which are potentially in conflict: the national, secured by the Constitutional Courts; the regional, in the scope of the European Council which also groups countries that are not members of the Union; and the community level itself, that appeals to general principles of the law derived from common constitutional traditions. The aforementioned does not ensure that the highest protection levels shall prevail when the Union is less of a guarantor than the States.
Palabras clave : fundamental rights; community law; european chart of rights.