Los derechos fundamentales en Europa

Abstract

This essay begins with the guarantee of the fundamental rights as legitimacy and justification so much of the constitutional State and the Europe of the European Union, considered as a community of fundamental rights, as of the Council of Europe. The «State of fundamental rights» and the «Community of fundamental rights» find in the fundamental rights their common constitutional substrate, which set up as the constitutional binder of the multilevel model of the Constitutional Europe. Continuity and innovation in the protection of the fundamental rights in the three levels referred constitute the starting point to developing a common European dogmatic of the fundamental rights, which must be homogenous in order to give coherence to the integration, but also to accept as much diversity, as possible, in a plural legal community. The author proposes and analyzes, to this effect, as elements for a common European dogmatic of the fundamental rights: the role of the integration of rights, that stands, at the same time, as parameters of this dogmatic; the different actors conform it; the methods; and finally, the contents, structured according to the general doctrines of fundamental rights and the particularities of individual fundamental rights. We can appoint, to sum up, this paper, to the institutional theory of fundamental rights, followed by Peter Häberle.