Abstrakt
The Union fundamental rights can become a medium of a real - two direction - dialog between European and national judicial authorities. The judicial reasoning by the British courts, reflecting the long tradition of the British system of conversations between the courts, will be missing after Brexit.
To meet the legitimate aspirations of the Union citizens means to leave the strict application of the CFR by the CJEU that should have to be more open to a discourse with national courts, which might be as well positioned to assess conflicts of constitutional values even beyond the standard instrumentalities of preliminary ruling. A more courageous use of the CFR means for judicial authorities at both levels to take their commitments in this area more seriously.
The British judiciaries had been responsive in this respect. Their leaving the Union means on human rights protection in Europe.