Chapter 7: Comment: can the Charter help to protect rights in the Member States?
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This short paper is a comment on Matej Accetto's chapter, which deals with the impact of the EU Charter of Fundamental Rights on fundamental rights protection through the jurisprudence of well-functioning courts, particularly that of the Slovenian Constitutional Court. This commentary raises the question, whether the Charter can help to protect fundamental right in Member States, where ordinary and constitutional courts fail to do so, and are unwilling to engage in dialogue with European courts. First, the paper investigates the original and the changed aim of the Charter's Article 51 to make sure that Member States respect fundamental right, followed by a closer look at the right to effective remedy and fair trial guaranteed in Article 47 of the Charter. The conclusion of the commentary is that the Charter's effect on national constitutional jursiprudence is rather incremental and indirect than revolutionary, and it seems to be insufficiant to protect fundamental rights, especially in Member States, which do not comply with the values enshrined in Article 2 TEU in general, and the fundamental rights protection standards of the Charter in particular.

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