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
Date Written: March 1, 2020
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: Suggested Citation