Why Article 53 of the Charter Should Ground the Application of National Fundamental Rights in Fully Harmonised Areas

M. Bobek, J. Adams-Prassl (eds), The EU Charter of Fundamental Rights in the Member States, Hart Publishing, 2020 M. Bobek, J. Adams-Prassl (eds), The EU Charter of Fundamental Rights in the Member States, Hart Publishing, 2020 https://www.bloomsburyprofessional.com/uk/the-eu-charter-of-fundamen

24 Pages Posted: 16 Sep 2021

See all articles by François-Xavier Millet

François-Xavier Millet

University of the French West Indies - Faculty of Law and Economics; Court of Justice of the European Union

Date Written: March 1, 2020

Abstract

In its current interpretation by the Court of Justice, Article 53 of the Charter is deprived of any real added value inasmuch as the application of national standards of fundamental rights is permitted (or prohibited) by the logic inherent in the EU. Yet, Article 53 of the Charter has introduced a pluralist dimension because of its materially national content within a formally EU shell. As a consequence, I claim that the interpretation of Article 53 should rather be reoriented in order to allow, in certain circumstances, for the application of national (higher) standards of rights, even where the orthodox EU understanding precludes it, such as in fully harmonised areas.

Keywords: EU law, National Law, Fundamental Rights, EU Charter, Article 53, Constitutionalism, Constitutional Pluralism, Primacy of EU law, Melloni, Taricco, Harmonisation, Standard of Protection of Human Rights

JEL Classification: K

Suggested Citation

Millet, François-Xavier, Why Article 53 of the Charter Should Ground the Application of National Fundamental Rights in Fully Harmonised Areas (March 1, 2020). M. Bobek, J. Adams-Prassl (eds), The EU Charter of Fundamental Rights in the Member States, Hart Publishing, 2020 M. Bobek, J. Adams-Prassl (eds), The EU Charter of Fundamental Rights in the Member States, Hart Publishing, 2020 https://www.bloomsburyprofessional.com/uk/the-eu-charter-of-fundamen, Available at SSRN: https://ssrn.com/abstract=3922841

François-Xavier Millet (Contact Author)

University of the French West Indies - Faculty of Law and Economics ( email )

Pointe-à-Pitre
Guadeloupe

Court of Justice of the European Union ( email )

Boulevard Konrad Adenauer
Kirchberg, L-2925
Luxembourg

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