The Court of Justice of the European Union and the Protection of Fundamental Rights

Polish Yearbook of International Law, Vol. 31 (2011), pp. 79-106

29 Pages Posted: 16 Feb 2013

See all articles by Koen Lenaerts

Koen Lenaerts

Katholieke Universiteit Leuven (KUL) - Institute for European Law

Abstract

The present contribution looks at the protection of fundamental rights under EU law, paying special attention to the Charter of Fundamental Rights of the European Union (the Charter) which, since the entry into force of the Treaty of Lisbon, enjoys “the same legal value as the Treaties”. First, by looking at the recent case law of the European Court of Justice, it explores the scope of application of the Charter. Second, it examines the conditions that the limitations on the exercise of the rights and freedoms recognised by the Charter must fulfill in order to be valid. Third, it looks at the interaction between, on the one hand, the Charter and the European Convention for the Protection of Human Rights and Fundamental Freedoms and between, on the other hand, the Charter and the constitutional traditions common to the Member States. Finally, a brief conclusion contains some remarks as to the requirements private applicants must fulfill in order to build strategic human rights cases successfully.

Keywords: Charter of Fundamental Rights, European Union, Treaty of Lisbon, European Convention on Human Rights, ECHR

JEL Classification: K33

Suggested Citation

Lenaerts, Koen, The Court of Justice of the European Union and the Protection of Fundamental Rights. Polish Yearbook of International Law, Vol. 31 (2011), pp. 79-106, Available at SSRN: https://ssrn.com/abstract=2218538

Koen Lenaerts (Contact Author)

Katholieke Universiteit Leuven (KUL) - Institute for European Law ( email )

Tiensestraat 41
Leuven, B-3000
Belgium
+32 16 325128 (Phone)
+32 16 325387 (Fax)

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