The EU Charter of Fundamental Rights as a Binding Instrument: Five Years Old and Growing

by Sybe de Vries (Editor), Ulf Bernitz (Editor), Stephen Weatherill (Editor)

Overview

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.

Product Details

ISBN-13:	9781782258247
Publisher:	Bloomsbury Publishing
Publication date:	12/03/2015
Series:	Studies of the Oxford Institute of European and Comparative Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	416
File size:	538 KB

About the Author

Sybe de Vries is Professor of EU Single Market Law and Fundamental Rights and the Jean Monnet Chair at the Europa Institute of Utrecht University.
Ulf Bernitz is Professor of European Law at Stockholm University, director of the Stockhom Institute of European Law and director of the Oxford/Stockholm Venture in European Law.
Stephen Weatherill is Professor of European Law at the University of Oxford, a Fellow of Somerville College and Deputy Director for European Law in the Oxford Law Faculty's Institute of European and Comparative Law.
Sybe de Vries is Professor of EU Single Market Law and Fundamental Rights and the Jean Monnet Chair at the Europa Institute of Utrecht University.
Ulf Bernitz is Professor of European Law at Stockholm University and Fellow of the Institute of European and Comparative Law and at St Hilda's College, Oxford.
Stephen Weatherill is the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College.


Photo courtesy of Faculty of Law, University of Oxford.

Table of 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
Part I: The Constitutional Dimension of Fundamental Rights
1. Five Years of Charter Case Law: Some Observations
Allan Rosas
2. The Relationship Between the EU and the ECHR Five Years on from the Treaty of Lisbon
Sionaidh Douglas-Scott
3. 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
4. Why National Constitutional Courts Should not Embrace EU Fundamental Rights
Jan Komárek
5. The Interplay Between the Charter and National Constitutions after Å kerberg Fransson and Melloni :
Has the CJEU Embraced the Challenges of Multilevel Fundamental Rights Protection?
Clara Rauchegger
Part II: The Scope of Fundamental Rights in EU Law
6. The EU Charter of Fundamental Rights Five Years on: The Emergence of a New Constitutional Framework?
Xavier Groussot and Gunnar Thor Petursson
7. The Scope of the Charter and its Impact on the Application of the ECHR: The Å kerberg Fransson
Case on Ne Bis in Idem in Perspective
Ulf Bernitz
8. The Silence of the Charter: Social Rights and the Court of Justice
Catherine Barnard
9. 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
Part III: Safeguarding Fundamental Rights in Europe's Internal Market
10. Protecting the Internal Market from the Charter
Stephen Weatherill
11. The EU Single Market as 'Normative Corridor' for the Protection of Fundamental Rights: The Example of
Data Protection
Sybe de Vries
12. The EU Charter of Fundamental Rights and the Rights to Data Privacy: The EU Court of Justice
as a Human Rights Court
Federico Fabbrini
13. Privacy and Data Protection: The Rights of Economic Actors
Peter Oliver
14. Dawn Raids in Competition Cases: Do the European Commission's Dawn Raid Procedures Stand the
Test of the Charter?
Helene Andersson
15. The Charter and the EU State Aid Procedure
John Temple Lang

Editorial Reviews

... the editors of the book have provided a broad, in-depth and succinct assessment of the post-Lisbon case law involving the Charter ... The book's main advantage is the variety of issues it tackles, guaranteeing a holistic analysis. It is an example of thorough doctrinal scholarship at its best. Not only do the authors explore and critically assess the Charter's impact on the EU legal order but they also deal with practical problems that the Court and national courts face in adjudication.
Common Market Law Review

The editors and the authors deserve praise for their effort in producing a highly relevant and enjoyable book on the Charter five years into its existence. It contains much food for thought and is therefore a wonderful inspiration for future research.
Yearbook of European Law

From the Publisher