Implementation of the Charter of fundamental rights by the Spanish Courts in the Junqueras case

Abstract

This paper analyses the main decisions taken by the Spanish Supreme Court (SC) and the Spanish Constitutional Court (CC) in the Junqueras case that make explicit reference to the Charter of Fundamental Rights of the European Union (CFR). The objective is to determine whether these courts correctly implemented the CFR, given that, as outlined by article 51 of the CFR itself, it is the responsibility of Member States to use the CFR when they implement Union law, and, furthermore, that the European Parliament requires the CFR to be implemented properly, in order to guarantee its coherency and global efficacy.