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.

Format:

Book

Contributor:

Bernitz, Ulf, editor.

Vries, Sybe Alexander de, 1970- editor.

Weatherill, Stephen, 1961- editor.

Series:

Studies of the Oxford Institute of European and Comparative Law.

Studies of the Oxford Institute of European and Comparative Law ; v. 20

Language:

English

Subjects (All):

Charter of Fundamental Rights of the European Union (2000 December 7).

Charter of Fundamental Rights of the European Union.

Civil rights--European Union countries.

Civil rights.

Physical Description:

1 online resource (413 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2015.

Language Note:

English

Summary:

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

Contents:

Introduction : five years old and growing : the EU Charter of Fundamental Rights as a binding instrument

Sybe de Vries, Ulf Bernitz and Stephen Weatherill

Five years of charter case law : some observations

Allan Rosas

The relationship between the EU and the ECHR five years on from the Treaty of Lisbon

Sionaidh Douglas-Scott

Who decides on fundamental rights issues in Europe? Towards a mechanism to coordinate the roles of the national courts, the ECJ and the ECTHR

Janneke Gerards

Why national courts should not embrace EU fundamental rights

Jan Komárek

The interplay between the charter and national constitutions after Åkerberg Fransson and Melloni : has the CJEU embraced the challenges of multilevel fundamental rights protection?

Clara Rauchegger

The EU Charter of Fundamental Rights five years on : the emergence of a new constitutional framework?

Xavier Groussot and Gunnar Thor Petursson

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

Ulf Bernitz

The silence of the charter : social rights and the Court of Justice

Catherine Barnard

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

Jaan Paju

Protecting the internal market from the charter

Stephen Weatherill

The EU single market as "normative corridor" for the protection of fundamental rights : the example of data protection

Sybe de Vries

The EU Charter of Fundamental Rights and the rights to data privacy : the EU Court of Justice as a human rights court

Federico Fabbrini

Privacy and data protection : the rights of economic actors

Peter Oliver

Dawn raids in competition cases : do the European Commission's dawn raid procedures stand the test of the charter?

Helene Andersson

The charter and the EU state aid procedure

John Temple Lang.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781782258261

1782258264

9781782258230

178225823X

OCLC:

928625915