July 4 @ 18:30 - 20:00 Wroclaw (CEST)
Exploring the ultra-national dimension of constitutionalism through fundamental rights
One of the challenges posed by globalization is how to guarantee a proper protection of fundamental rights globally. The multilevel protection of rights in Europe tries to ensure a wider protection, but the efficacy of this “cosmopolitan legal order“ is hampered by the limitations that characterize the full application of international obligations. Perhaps a different solution lies in the ultra-national dimension of national constitutions, or, more precisely, in the extra-territorial application of constitutional fundamental rights. The question is whether national constitutions may guarantee the protection of rights even in a global dimension. The panel will explore this question by (i) discussing two recent case-studies on extra-territorial application, (ii) exploring which fundamental rights may be justiciable extra-territorially, and (iii) investigating the implications of this theoretic model, particularly in relation to the constitutionalization of foreign policy.