Abstract:

Two European courts and national courts of member states are committed to the fundamental rights of individuals. Four texts regarding fundamental rights- ECHR, the EU Charter of Fundamental Rights, member states’ constitutions and constituent states’ constitutions in federal states- which are essential for these courts’ decisions, are intended to provide suffi ciently eff ective human rights protection. Taking into account the limits of the courts’ jurisdiction in ensuring the eff ective protection of fundamental rights is important. In particular, the European Convention on Human Rights and article 51 of the EU Charter of Fundamental Rights defi ne the scope of competences of the courts. The article aims to shed light on the role of dialog between courts and the exertion of courts’ competences within the scope in an eff ective protection of fundamental rights.

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