The trouble with trumps: On how (and why) not to define the core of fundamental rights - Common Market Law Review View The trouble with trumps: On how (and why) not to define the core of fundamental rights by - Common Market Law Review The trouble with trumps: On how (and why) not to define the core of fundamental rights 60 6

This article examines how certain puzzling features of the doctrine of the essence of fundamental rights in EU law may affect the formulation of the attendant legal test. Finding that the “core” of a fundamental right is compromised has a conclusive effect similar to that associated with an interference with an absolute right, as both seem to preclude the application of the principle of proportionality. This may suggest that all fundamental rights are “trumps” as far as their cores are concerned and that such a quality stems from the dignitarian foundation of fundamental rights.Yet, while human dignity may provide a high-level rationale for the doctrine of the essence, isolating an absolute core within each fundamental right by drawing on that value is a fruitless and potentially counter-productive exercise.

Common Market Law Review