Clarifying or Diluting the Application of the EU Charter of Fundamental Rights? – The Judgments in Åkerberg and Melloni
Groussot, X. and Olsson, I., (2013) Clarifying or Diluting the Application of the EU Charter of Fundamental Rights? – The Judgments in Åkerberg and Melloni, Vol II LSEU, pp 7-35
Lund Student EU Law Review, Vol II, Forthcoming
29 Pages Posted: 10 Sep 2013
Date Written: September 10, 2013
Abstract
This article assesses the impact of the Åkerberg and Melloni judgments on the interpretation of the horizontal provisions of the EU Charter of Fundamental Rights. Specifically, it evaluates whether the European Court of Justice (ECJ) has chosen an expansive approach or a minimalist one? Asking if the Court’s approach in these cases has clarified or diluted the application of the EU Charter of Fundamental Rights. The article is limited to looking, in light of the judgments in Åkerberg and Melloni, firstly at Article 51 of the Charter; then at Article 52 and finally at Article 53. It will be shown that Article 51 of the Charter is the most important provision, whilst Article 52 the most complex and Article 53 the most underestimated. In the final sections it is highlighted that the judgments are illustrative that the ECJ strongly protects the level of protection of the Charter and the effectiveness and uniformity of EU law. However, it will also be shown that these two cases whilst clarifying the application of Article 51, and the meaning of implementing Union law, are the source of new questions rather than final answers.
Keywords: Åkerberg, Melloni, EU Law, EU Charter of Fundamental Rights, horizontal provisions, Level of protection of the Charter
Suggested Citation: Suggested Citation