Конституційний захист прав людини та проблеми конкуренції юрисдикції

Abstract

In the article analyzes the phenomenon of cross-jurisdiction in terms of the constitutional protection of human rights in the context of the Association Agreement Ukraine with the EU. The mechanism of cross-jurisdiction based on the methodology of legal pluralism in the triangle of the European Court of Justice constitutional courts European Court of Human Rights. Multilevel constitutionalism provides for several levels of jurisdiction, which leads to their competition and special mechanisms of judicial review – European Court of Justice, Constitutional Courts or similar institutions Supreme (cassation) courts. If national courts are obliged to comply with the requirements of EU law, which has primacy in relation to national law, the ECHR and the ECtHR case law applicable national constitutional courts in accordance with the method of constitutional interpretation conformal provisions of the Convention as an international treaty. In general, national constitutional courts respect the case law of the ECHR, but take into account national constitutional traditions and legal values. The role of the constitutional traditions and values in the law in dealing with conflicts arising from multilevel and competition of jurisdiction in the light of the jurisprudence of the European Court of Justice.