The protection of the individual by Fundamental Rights is the main subject of modern
constitutional law. In Europe, various protection instruments exist, national
constitutions, the European Convention of Human Rights (ECHR) and, for the
Member States of the European Union, the EU Fundamental Rights Charter. These
guarantees are legally autonomous but functionally interdependent and even interactive.
The strongest infl uence seems to be exercised by the jurisprudence of the
European Court of Human Rights on the interpretation of the national constitutional
texts as well as on the EU Charter. The accession of the EU to the ECHR will
strengthen this process.
It is a noteworthy phenomenon that the protection of the individual is progressively
intensifi ed and courts interpret the scope of civil rights in a broad sense.
Substantive and functional effi ciency is a requirement that fl ows from the anthropocentric
approach of modern European constitutionalism. Fundamental rights constitute
a comprehensive order of values to be interpreted in a way which gives effi cient
protection to the individual. Even if there is no explicit right, the judges, in particular
the constitutional judges, have the obligation to complement the text by interpretation.
Functional effectiveness means in particular that the legislator is prevented
from restricting fundamental rights without limitation. Modern constitutionalism
requires the legislator to observe the principle of proportionality as well as to respect
the very essence of the right.