Wielopoziomowy konstytucjonalizm Unii Europejskiej a stosowanie praw podstawowych
Multilevel constitutionalism of the European Union and the application of fundamental rights

Summary/Abstract: The aim of the article is to analyse the application of fundamental rights in the complex political and legal system of the European Union, which can be described as a multilevel constitutionalism. Because the standardsof individual protection are created both at the level of national constitutions as well as at the supranational,EU level, it is possible that individual fundamental rights will be understood differently in the Member States.The article tries to answer the question how to solve such an interpretation conflict. A way out is suggestedin the form of the need to conduct a constitutional dialogue on the understanding of fundamental rights. Theconditions necessary to conduct such a dialogue are also identified. It will lead to achieving the European constitutional consensus. The article puts forward a thesis that the development of a European consensus as to theunderstanding of fundamental rights leads irrevocably to the formation of a European constitutional identity

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