The Dynamics of Interpretation and Context
Chapter 5: Justice and human rights in the EU
This chapter investigates the interpretation of human rights by EU courts within the confines of the EU's legal and institutional arrangements for the administration of justice. It looks at two interrelated interpretative environments for human rights; the procedures before the courts of the EU acting in their capacity of ensuring the legal accountability of the EU institutions and the principles enabling the EU Court to interfere with the system of remedies and procedures before national courts which in the EU's multi-layered judicial system act as agents of the enforcement of EU law. In the first case, judicial interpretation had to confront the contradiction between the Treaty provisions regulating at a constitutional level the jurisdiction of EU courts and the demands of the EU's rule of law principle for the effective judicial control of EU legislative and administrative action. The interpretative solution, as in other areas of the human rights jurisprudence, was found at the national level in the responsibility of national courts for the effective operation of the EU constitutional order. In the second case, the interpretation of rights is determined by the interplay between the general requirement of effectiveness, which enables the EU Court to interfere with national law to ensure the effective enforcement of EU law, and the autonomy of the Member States to design and operate the national system of remedies and procedures for the protection of rights.
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