The EU Charter of Fundamental Rights Five Years On: The Emergence of a New Constitutional Framework?

Abstract

The scope and impact of fundamental rights in EU law is a fascinating topic. Part of the fascination lies in their somewhat unclear role and ambit, and the force with which these rights may be charged when and if applicable. The entry into force of the EU Charter of Fundamental Rights (hereinafter ‘the EU Charter’ or ‘the Charter’) has certainly given a new impetus in the academic discussion of the status of fundamental rights in EU law. Irrespective of that discussion, the fundamental rights are now increasingly being invoked in cases before the Court of Justice of the European Union (hereinafter ‘the Court of Justice’ or ‘the Court’). An intriguing question in this context is whether fundamental rights, post the EU Charter, are having an impact on the scope and nature of EU law, and thus are bringing about a new constitutional framework.

Keywords: Charter, fundamental Rights, EU Law, provided for by law, essence of fundamental rights, ex officio application