The EU Charter of Fundamental Rights as a binding instrument : five years old and growing /
edited by Sybe de Vries, Ulf Bernitz, and Stephen Weatherill.
- xl, 372 pages ; 24 cm.
- Studies of the Oxford Institute of European and Comparative Law ; volume 20 .
Includes bibliographical references and index.
Introduction: five years old and growing: the EU Charter of Fundamental Rights as a binding instrument / The constitutional dimension of fundamental rights -- Five years of charter case law: some observations / The relationship between the EU and the ECHR five years on from the Treaty of Lisbon / Who decides on fundamental rights issues in Europe? Towards a mechanism to coordinate the roles of the national courts, the ECJ and the ECTHR / Why national courts should not embrace EU fundamental rights / The interplay between the charter and national constitutions after Åkerberg Fransson and Melloni: has the CJEU embraced the challenges of multilevel fundamental rights protection? / The scope of fundamental rights in EU law -- The EU Charter of Fundamental Rights five years on: the emergence of a new constitutional framework? / The scope of the charter and its impact on the application of the ECHR : the Åkerberg Fransson case on 'ne bis in idem' in perspective / The silence of the charter: social rights and the Court of Justice / Much ado about nothing? : how the EU Charter of Fundamental Rights could challenge prevailing notions of territorial rights and solidarity as regards national social security systems / Safeguarding fundamental rights in Europe's Internet Market -- Protecting the internal market from the charter / The EU single market as "normative corridor" for the protection of fundamental rights: the example of data protection / The EU Charter of Fundamental Rights and the rights to data privacy: the EU Court of Justice as a human rights court / Privacy and data protection: the rights of economic actors / Dawn raids in competition cases: do the European Commission's dawn raid procedures stand the test of the charter? / The charter and the EU state aid procedure / Sybe de Vries, Ulf Bernitz and Stephen Weatherill -- Allan Rosas -- Sionaidh Douglas-Scott -- Janneke Gerards -- Jan Komárek -- Clara Rauchegger -- Xavier Groussot and Gunnar Thor Petursson -- Ulf Bernitz -- Catherine Barnard -- Jaan Paju -- Stephen Weatherill -- Sybe de Vries -- Federico Fabbrini -- Peter Oliver -- Helene Andersson -- John Temple Lang. Pt. 1. Ch. 1. Ch. 2. Ch. 3. Ch. 4. Ch. 5. Pt. 2. Ch. 6. Ch. 7. Ch. 8. Ch. 9. Pt. 3. Ch. 10. Ch. 11. Ch. 12. Ch. 13. Ch. 14. Ch. 15.
The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.
9781509921089
Charter of Fundamental Rights of the European Union (2000 December 7)