ABSTRACT

Fundamental rights are, and have been for some time, a central part of the legal order of the European Union (EU). This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book explores the claims of legitimacy which the legal orders of the member states make, as well as the relationship between those claims of legitimacy and the claim to protect human rights within those national legal orders. It discusses the demands which EU fundamental rights make on the national legal orders, and how such demands may impact on the claim of legitimacy of those member states’ legal orders. The book examines the different ways in which this legitimacy can be understood, both in terms of the object of legitimacy and the approach to legitimacy, as well as the different grounds that can be used to found legitimacy. EU law operates in a specific institutional framework that distinguishes it from national law.