Fundamental Rights protection is a contested area of EU law and policy – on the one hand, fundamental rights assessment also reflects deeply rooted constitutional and cultural values which are jealously guarded by national courts and authorities. On the other hand, closer integration at EU level also demands that a certain level of fundamental rights protection is achieved throughout the EU. In this contribution we will look at whether harmonising fundamental rights is the answer to this ongoing tension between national and EU fundamental rights discourses. In particular we will closely analyse the headscarves cases, to query whether fundamental rights harmonization is desirable, or indeed possible in a supranational context
Eleanor Spaventa is Professor of European Law and Director of the Durham European Law Institute at the Durham Law School, UK. One of her main areas of interest is fundamental rights in the EU, a subject on which she has written extensively. Professor Spaventa has also written a report on the scope of EU fundamental rights for the European Parliament PETI committee.
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