Fundamental Rights of the European Union: The Jurisprudence of the Supreme Administrative Court of Lithuania

Abstract

The article analyses different levels of fundamental human rights protection, which national courts face when adjudicating cases: a standard enshrined in national constitutions, a European Union standard stemming from the Charter of Fundamental Rights of the European Union and an international standard embedded in the fundamental international documents – the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular. The article reviews relations between different fundamental rights protection standards through an analysis of the jurisprudence of the European Court of Justice and the European Court of Human Rights and puts emphasis on the decisions, which provide guidance for national courts when dealing with conflicting standards. Furthermore, the article entails a comprehensive overview of the case-law of the Supreme Administrative Court of Lithuania, where the court dealt with the issue of the collision of different human rights protection standards.