The Place of the Charter in the EU Constitutional Edifice

Lenaerts, Koenraad; Gutiérrez-Fons, José Antonio

doi:10.5771/9783845259055_1600

Cited by 38 publications

(15 citation statements)

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“…80 Or: "Metaphorically speaking, this means that the Charter is the 'shadow' of EU law". 81 The latter reflects the reason (not always sufficiently well considered) why Member States are increasingly bound by EU fundamental rights. This development results from a growing allocation of competences to the European Union and the exercise of these competences, notwithstanding expansive approaches in the ECJ's jurisprudence and in the literature (a safety net for fundamental rights 82 ).…”

Section: Resultsmentioning

confidence: 99%

Fundamental Rights Regimes in the European Union: Contouring Their Spheres

Wollenschläger

2017

Contemporary Issues in Human Rights Law

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Section: Resultsmentioning

confidence: 99%

Fundamental Rights Regimes in the European Union: Contouring Their Spheres

Wollenschläger

2017

Contemporary Issues in Human Rights Law

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“…This deeply discussed provision limits the applicability of the Charter "only" to the situations in which Member States "are implementing Union law". Despite criticism of this formula (Nagy, 2017;Fontanelli, 2014b), proposals to change the approach to its understanding (Chronowski, 2018;Jakab, 2017), and despite the somewhat broad interpretation by the CJEU (Hancox, 2013;Lenaerts, 2014), the Charter (as opposed to the Convention) is not universally applicable towards Member States and thus basically presupposes situations where it will not be able to serve as a human rights review tool. 3.…”

Section: The Second Reason Is Connected To the Relative Scope Of Applmentioning

confidence: 99%

Keeping Safe Distance: Chapters from Randomised (Non)Application of the EU Charter of Fundamental Rights before Polish Constitutional Tribunal

Kustra-Rogatka

Hamuľák

2019

Baltic Journal of European Studies

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The question of the application and impact of the Charter of Fundamental Rights of the EU (‘Charter’) in quotidian practice of human rights protection and review is a strategic one. Given the predominantly decentralised effects of EU law and with the due account to the wide interpretation of the scope of the Charter’s application (Art. 51(1)) presented by the CJEU (C-617/10 Fransson), the national dimension of the application of the Charter forms the crucial issue for the functioning of the EU system of fundamental rights protection. The Charter itself has a big potential to influence the content, nature and mechanisms of the fundamental rights protection at the national level. The present paper focuses on this phenomena in connection to the case-law, opinions and workload of the Polish Constitutional Tribunal (‘TK’). It analyses the approach of TK towards the Charter in abstract manner as well as the (non)appearance of the Charter in the reasoning of the court in concrete cases. The article reports on the main cases and analyses the reasons of the aloof approach of the TK towards the EU human rights catalogue.

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“…The 'new' Article 51 (1) affirms respect for the limits on the powers of the Union conferred on it in the other parts of the Treaty. Article 51 (2) emphasises that the Charter does not extend the field of application of Union law beyond the powers of the Union. These modifications to the wording of Article 51 of the Charter might be read as evidence of the willingness to curb the Court's activist approach to EU fundamental human rights, when it comes to their application to Member States' measures.…”

Section: Article 51 Of the Charter -The Most Important Provisionmentioning

confidence: 99%

“…Therefore it can be safely said that the Charter does not change the scope of application of fundamental rights protection, respecting the constitutional allocation of powers sought by the authors of the Treaties. 39…”

Section: Comments In Light Of åKerberg and Mellonimentioning

confidence: 99%