The fundamental rights concept of legal capacity
It may seem obvious who are the holders of fundamental rights (FRs) and that, they can enforce these rights, should they be infringed. Every human person is equally entitled to the full extent of FRs, and it is also widely acknowledged that organizations are right-holders. Legal practice, however, shows that the forums often encounter ambiguous cases even with the traditional holders of FRs. Notwithstanding the complete legal capacity of human persons, it should be examined what factors may restrict their exercise and enforcement of FRs. The organizations‘ legal capacity becomes unclear when its extent and basis is observed. The number of new challengers (e.g. Artificial Intelligence, nature) is growing rapidly. The project presented aims to develop a complex and coherent concept of legal capacity to FRs. The research is conducted at Eötvös Loránd University, Budapest – the project (K132712) is financially supported by the Hungarian National Research, Development and Innovation Office.