The confederal and imperfect model of fundamental rights protection in EU

Abstract

This paper argues that the confederal system of protection of fundamental rights of the European Union is deficient. Although the Chapter of Fundamental Rights has, since the entry into force of Lisbon Treaty, full legal value, is noticed that it is not recognized a procedure specifically for the protection of fundamental rights contained. Moreover, the institutional design of the European Union does not allow the Charter can be invoked, as in other federal systems for the protection of fundamental rights such as the U.S. or Germany, when the right is to be enforced in a case of application of the legal state.