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

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Edited by: Sybe de Vries, Ulf Bernitz, Stephen Weatherill

ISBN13: 9781782258254
Published: December 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



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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.

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Subjects:
Human Rights and Civil Liberties, EU Law
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 Komarek
5. The Interplay Between the Charter and National Constitutions after A 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 A 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