§ 8 Grundrechtsschutz und Unionsbürgerschaft

Fundamental Rights Regimes in the European Union: Contouring Their Spheres

“…On this, see Wollenschläger (2014a), paras 10 ff. Snell (2015), p. 295, speaks of "a certain irony" inherent in this development.…”

“…58 Besides far-reaching judgments such as the Fransson case just mentioned, there are also restrictive approaches -for example, the repudiation of an obligation with regard to fundamental rights where EU competences have not been exercised (Bartsch case), 59 or 55 For more details, see Wollenschläger (2014a), paras 29 ff., with further references. where there is only an indirect link to EU policy areas (Annibaldi case).…”

“…53 The BVerfG applies national fundamental rights, but sometimes assumes a very broad scope of discretion with regard to implementation (and does so without referring to the ECJ). Wollenschläger (2014a), para 24, with further references. See further-distinguishing three types of (EU) legislative consensus with regard to remaining discretion of the Member States- Lenaerts (2015), p. 357 ff.…”