Dissonance in the Europe of rights

Keywords: Europe, European Union, Council of Europe, constitutional states, rights, courts, legal pluralism, divergences, dissonances

Abstract

This work deals with the dissonances that are noticed in Europe with regard to rights and freedoms of the people, due to the divergences that are appreciated with respect to the legal recognition and in the judical guarantee of these. To this end, we first analyze how today Europe, in terms of rights and freedoms, identifies itself in law as a distinct space in the global context. It then deals with the diverse configuration and legal recognition of rights in the European space, as well as the nature with which national and European courts act in their guarantee. We then study how the previous configuration of rights and freedoms is related to the courts in Europe, and in this light we also examine the divergences between rights and courts that can be seen in the different legal systems and which create dissonance in the European space of rights. And finally, we will dedicate some considerations with which to reduce such divergences and dissonances.

Received: 22.11.2024
Accepted: 28.11.2024

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Author Biography

Juan Francisco Sánchez Barrilao, Universidad de Granada, España

Catedrático de Universidad de Derecho Constitucional

Published
2024-12-23
How to Cite
Sánchez Barrilao, Juan Francisco. 2024. “Dissonance in the Europe of Rights”. Estudios De Deusto 72 (2), 315-45. https://doi.org/10.18543/ed.3215.
Section
Studies