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The EU Charter of Fundamental Rights in the Member States

The EU Charter of Fundamental Rights in the Member States

Author: Michal Bobek; Jeremias Adams-Prass
Publisher: Hart Publishing
ISBN: 9781509945641

Published In: July 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509940912

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Contents

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Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'?

These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.

Introduction

Jeremias Adams-Prassl and Michal Bobek

PART I: THE FOUNDATIONS

1. The Role of the EU Charter in the Member States

Koen Lenaerts

2. The EU Charter Ten Years On: A View from Strasbourg

Siofra O'Leary

PART II: MEMBER STATE PERSPECTIVES

3. Austria: United in Consistent Interpretation

Christoph Grabenwarter and Christine Pesendorfer

4. Belgium: The EU Charter in a Tradition of Openness

Sarah Lambrecht

5. Bulgaria: Rays of Light in a Cloudy Sky 9

Alexander Kornezov

6. Czech Republic and Slovakia: Another International Human Rights Treaty?

Adam Blisa, Pavel Molek and Katarina Šipulova

7. The EU Charter before the French Parliament and Courts: Between (Great) Disillusion and (Little) Hope

Laurence Burgorgue-Larsen

8. Taking Up the European Mandate: The Charter Before German Courts

Mattias Wendel

9. Hungary: A Half-Hearted Look at the Charter

Antal Berkes, Andras Jakab and Pal Sonnevend

10. Ireland and the Charter: Ten Underwhelming Years?

Gerard Hogan

11. Italy: New Frontiers and Further Developments

Silvana Sciarra and Angelo Jr Golia

12. The Netherlands: The New Kid on the Block, Growing Pains or Growing Gains?

Corinna Wissels and Aniel Pahladsingh

13. Poland – The Charter of Fundamental Rights as a Last Resort?

Krystyna Kowalik-Banczyk

14. Portugal: Lukewarm Engagement with the Charter

Goncalo de Almeida Ribeiro and Patricia Fragoso Martins

15. Trials, Tributes and Tribulations: The EU Charter before the Slovenian Courts

Matej Accetto

16. The (Incomplete) Reception of the EU Charter of Fundamental Rights in Spain

Daniel Sarmiento and Xavier Codina

17. Limited But Not Inconsequential: The Application of the Charter by the Courts of England and Wales

Lady Arden and Takis Tridimas

PART III: SELECTED RIGHTS

18. Article 8: The Right to Data Protection

Orla Lynskey

19. Article 47: The Right to an Effective Remedy and to a Fair Trial

Kathleen Gutman

20. Article 50: The Elusive Shape of the Ne Bis In Idem Rule

Magdalena Lickova

21. Article 51: The Scope of Application of the Charter

Sara Iglesias Sanchez

22. Article 52: Twenty-Eight Shades of Interpretation?

Maja Brkan and Šejla Imamovic

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

Francois-Xavier Millet

PART IV: BROADER PERSPECTIVES

24. References for a Preliminary Ruling and the Charter of Fundamental Rights: Experiences and Data from 2010 to 2018

David Reichel and Gabriel N. Toggenburg

25. The Charter as a Standard of Constitutional Review in the Member States

Clara Rauchegger

26. Exporting Cherries for the Cakes: The Charter of Fundamental Rightsin Domestic Courts of the EU's Neighbourhood

Adam Lazowski

27. Protecting Fundamental Rights Beyond the Charter: Repositioning the Reverse Solange Doctrine in Light of the CJEU's Article 2 TEU Case-Law

Armin von Bogdandy and Luke Dimitrios Spieker

28. The Cosmopolitan and Federal Margins of Appreciation

Alexander Somek

Conclusion

Michal Bobek and Jeremias Adams-Prassl

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