2012
DOI: 10.1017/s1574019612000260
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Exploring the Limits of the EU Charter of Fundamental Rights

Abstract: Scope of application of Charter – What does ‘implementing Union law’ mean? – Application of v. derogation from EU law – Asylum cases, N.S. – Familiapress, Schmidberger, Viking – Implementing to include derogation – Annibaldi and Dereci – Interpretation of the Charter – ‘Provided for by law’ – The ‘essence’ of a right or freedom – Legitimate objectives and proportionality – Rights both in EU Treaties and in Charter: citizenship – Charter and ECHR – Constitutional Traditions, level of protection and deference – … Show more

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Cited by 64 publications
(15 citation statements)
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“…Above and beyond the normative solutions that can be found in the Directive, possible conflicts between fundamental-rights protection pursuant to the Charter and the budgetary restraints of the Member States' welfare systems should be 77 Lenaerts (2012), p. 386. 78 Cf.…”
Section: Eu Healthcare Policy and Constitutional Pluralismmentioning
confidence: 99%
“…Above and beyond the normative solutions that can be found in the Directive, possible conflicts between fundamental-rights protection pursuant to the Charter and the budgetary restraints of the Member States' welfare systems should be 77 Lenaerts (2012), p. 386. 78 Cf.…”
Section: Eu Healthcare Policy and Constitutional Pluralismmentioning
confidence: 99%
“…121 It basically ensures that these rights 'do not become "an empty promise"'. 122 It refers to the procedural substance of the way in which the right is accessed. Consequently, the objective of the integration of long-term residents always informs the interpretation of any of the provisions in the Directive, including those that make a reference to national law and even those not being mentioned in the Directive, but that may, nonetheless, affect the enjoyment of rights by TCNs.…”
Section: General Principles Of Legal Reasoningmentioning
confidence: 99%
“…Furthermore, one may also consider that Article 53 of the Charter could be used to engage in a dialogue with the national constitutional courts of the Member States. 112 This interpretation is not recommended, since the 2007 version of the Charter has added complementary paragraphs to the horizontal clauses, i.e. paragraphs 4 to 7 of Article 52.…”
Section: Article 53 Of the Charter -The Most Underestimated Provisionmentioning
confidence: 99%