The European Union’s Charter of Fundamental Rights Two Years Later

Perspectives on Federalism, Vol. 3, No. 3, 2011

26 Pages Posted: 20 Feb 2012  

Filippo Fontanelli

University of Edinburgh - School of Law

Date Written: February 12, 2012

Abstract

After the entry into force of the Lisbon Treaty, the European Union’s Charter of Fundamental Rights has found a place among the formal sources of EU law, and has become a standard of review for the validity of EU acts. This article aims to analyze whether this momentous change is reflected in the judgments of the Court of Justice, and more precisely how the Luxembourg judges are dealing with this source. From an analysis of the cases, it emerges that there still are some uncertain issues, such as the extent of the competences of the EU, the paradigmatic function of the case-law of the European Court of Human Rights, the possibility to bypass the limits of the European Convention’s direct effect through the application of the Charter’s equivalent rights.

Keywords: European Union’s Charter of Fundamental Rights, Court of Justice of the European Union, Fundamental Rights, Competences of the European Union

Suggested Citation

Fontanelli, Filippo, The European Union’s Charter of Fundamental Rights Two Years Later (February 12, 2012). Perspectives on Federalism, Vol. 3, No. 3, 2011 . Available at SSRN: https://ssrn.com/abstract=2007831

Filippo Fontanelli (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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