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Conflicts of Rights in the European UnionA Theory of Supranational Adjudication$
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Aida Torres Pérez

Print publication date: 2009

Print ISBN-13: 9780199568710

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199568710.001.0001

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Concluding Remarks

Concluding Remarks

(p.179) Concluding Remarks
Conflicts of Rights in the European Union

Aida Torres Pérez

Oxford University Press

This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize legally binding force to the European Charter of Fundamental Rights. There is no hierarchical relationship, however, between the rights enshrined in this Charter and constitutional rights. In this context, potential rights' conflicts in the EU might become even more visible, and the question about the source of ECJ's legitimacy in adjudicating fundamental rights even more relevant. Hence, should the Charter be given binding force, the dialogic model would still be suitable as the source of ECJ's legitimacy. Dialogue does not work to eliminate conflict, but rather it manages conflict over time in a process of constant, mutual accommodation. Since judicial dialogue develops in a fragmented form under conditions that are not ideal, the interpretation of fundamental rights will be tested and refined continuously.

Keywords:   EU Charter, European constitution, horizontal clauses, conflict of rights, pluralist framework, dialogue, legitimacy

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