CHALLENGES AND PERSPECTIVES FOR RIGHTS IN THE EUROPEAN UNION

Abstract

The terrible violations of rights in the XX century are going to bring something very important to Europe: the reflection on the difference between human rights and fundamental rights. While human rights are defined by the characteristics of universality, fundamentality of purpose, abstractness, moral validity, and priority in the face of positive law, fundamental rights, for their part, following the line of Robert Alexy will be characterized by the processes of their protection, given that, as stated in the Anglo-Saxon proverb, “If there is no remedy, there is no right,“ or, to the same effect,“rights are worth what their judicial guarantees are worth”. Keywords: human rights, fundamental rights, moral validity