Avrupa Birliği Hukukunun önceliği ilkesi kapsamında Avrupa Birliği'nde temel hak koruması

Abstract

This study which consist of three chapters, analyzes the phases of the protection of fundamental rights and the relationship between the principle of supremacy and fundamental rights.In the first chapter, the type of the relationship between the principle of supremacy and the protection of fundamental rights is tried to be determined. It has been quite difficult for constitutional courts of some Member States to accept the principle of supremacy because of their constitutional traditions. The reactions of the constitutional courts comprise three interrelated problem areas; namely the problem of constitutional review, the problem of fundamental rights and the problem of kompetenz-kompetenz.The needs for a Charter, the scope and the context of it and whether the protection of fundamental rights affect the principle of supremacy are the main subjects covered in the second chapter. A written catalogue of fundamental rights is important for the EU not only for the considered political integration, but also for the uniform and effective application of the EU law. The Charter of Fundamental Rights has become legally binding upon the entry into force of the Lisbon Treaty. In accordance with this new legal status, the Charter of Fundamental Rights has also become directly enforceable by the EU and national courts.The last chapter of this study discusses the current relationships between the Charter-ECHR and the ECJ-ECHR are evaluated. Besides, the possible relationship between two courts after the EU accession to ECHR is being considered.