The complete level of protection as european fundamental rights’ content

Abstract

The dialogue between the European and National Courts concerning the fundamental rights, permits to define a so called «complete level» of protection, based on the individual human rights recognized and protected by the member States’ Constitutions, by the EU, by the European Court of Human Rights. The National and European Courts decisions establish their own level of human rights protection, meanwhile allowing the circulation of them. As a consequence of this dialogue, the protection of fundamental rights in the European space found its complete level referring to the whole legal instruments enacting by the Courts. The contribute analyses the way the Courts determine such complete level of protection and highlights the judicial mechanism through which this complete level can be considered compelling in the European space.