The EU Charter of Fundamental Rights supersedes national constitutions, as does all other EU law. This was decided by the EU Court of Justice in the so-called Melloni case of 2013.
Constitutional rights at national level must therefore be ignored if they should clash with the European Court's interpretation of the same rights.
- A Member State cannot rely on a provision in its national Constitution that purports to provide a higher level of protection of a fundamental right than in the Charter, as a reason for not applying a clear provision in an EU law, states the Commission's annual report for 2013.
Judgment of 02.26.2013 in Case C-399/11, Melloni (http://curia.europa.eu/juris/liste. Jsf? Language = en & num = C-399/11).