Resolving conflicts in European fundamental rights protection: National and European courts’ perspectives

Conflicts between EU law and the ECHR have become more frequent in recent years. This research examines different ways for national courts to deal with and overcome those conflicts and argues that Article 52(3) of the EU Charter of Fundamental Rights can be seen as a conflict rule. It states that the rights guaranteed by the Charter are to have the same meaning and scope as corresponding ECHR rights, including the extent to which they can be limited. In case of a conflict between EU law and the ECHR, the minimum level of protection, as required under the ECHR system, should be respected.