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Actual Trends and Challenges of the Constitutional Fundamental Rights and Principles in the ECJ Law from the Perspective of Multilevel Constitutionalism

Joaquin Sarrión Esteve

Our aim is to study the actual trends and challenges of the National Interest in the ECJ case law, with a particular focus on fundamental (constitutional) rights and principles from the perspective of multilevel constitutionalism. Taking and note that in Europe we live in a context of relations between legal systems of different levels, we may start from the multi-level constitutionalism theoretical approach, especially after the entry into force of the Lisbon Treaty, that opened a new constitutional horizon in the European Union integration process. Because the different levels or legal systems are becoming progressively more interconnected and therefore we need to explain the relation and identify the correct criteria to integrate them from the perspective of fundamental rights protection. We will focus on the principal ECJ last cases as Akerberg Fransson (C-617/10), Melloni (C-399/11), and the recent Opinion of Advocate General Cruz Villalon in the case Peter Gauweiler (C-62/14)

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