The Three Dimensions of Rights Protection in Europe’s Multi-Layered System of Governance

Abstract

Europe’s national, supranational, and international governance structures produce parallel and often overlapping systems of rights protection. After more than sixty years’ experience with the European Convention on Human Rights, the advent in 2009 of the Charter of Fundamental Rights added new complexity to the human rights system. Examined here are the three dimensions of rights protection in this multi-layered system and the challenges resulting from this complexity, including: (1) uncertainty and confusion over the scope and level of rights protection, (2) general lack of uniformity in the recognition and enforcement of rights from one country to the next, and (3) questions over who has the last word on the protection of rights in Europe. Assessed in the conclusion are how and to what extent the unique interactions of national courts, the European Court of Human Rights, and the Court of Justice of the European Union affect outcomes such as the protection of fundamental rights.