The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives
“1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions.”.
- The proclamation and formal recognition of the Charter: historical aspects;
- The substantive law of the Charter: Theoretical and doctrinal approaches on the rights;
- The scope of the Charter;
- The formulation of the rights of the Charter through the CJEU case law;
- Judicial dialogue between the CJEU and the ECtHR;
- The principle of proportionality and limitation of the rights of the Charter;
- The role of the Charter in the composite constitutionalism in Europe;
- The future of the Charter;
- Interdisciplinary approaches to human rights in Europe.
2. The Content of the Charter
- Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
- Rights recognised by this Charter for which provision is made in the Treaties shall be exercised under the conditions and within the limits defined by those Treaties.
- In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law from providing more extensive protection.
- In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.
- The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.
- Full account shall be taken of national laws and practices as specified in this Charter.
- The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States.
3. The Content of the Special Issue
- Avtonomov, A. Activities of the European Ombudsman under the Charter of Fundamental Rights: Promoting Good Administration through Human Rights Compliance. Laws 2021, 10, 51. https://doi.org/10.3390/laws10030051.
- Pillay, N. The Promise of the EU Charter of Fundamental Rights (and Brexit) on the Implementation of Economic and Social Rights among EU Member States. Laws 2021, 10, 31. https://doi.org/10.3390/laws10020031.
- Kyriakopoulos, G.L. Environmental Legislation in European and International Contexts: Legal Practices and Social Planning toward the Circular Economy. Laws 2021, 10, 3. https://doi.org/10.3390/laws10010003.
- Eksteen, R. Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights. Laws 2020, 9, 32. https://doi.org/10.3390/laws9040032.
- Campbell, J.R. Interrogating the Role and Value of Cultural Expertise in Law. Laws 2020, 9, 29. https://doi.org/10.3390/laws9040029.
- Glover-Thomas, N. A ‘Wellbeing’ Paradigm: A Concept-Based Study of Body Art and Regulatory Challenges. Laws 2020, 9, 22. https://doi.org/10.3390/laws9040022.
- Baros, M. The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU). Laws 2020, 9, 19. https://doi.org/10.3390/laws9030019.
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Conflicts of Interest
- Besselink, Leonard F. M. 2007. A Composite European Constitution/Een Samengestelde Europese Constitutie. Zutphen: Europa Law Publishing. [Google Scholar]
- Kellerbauer, Manuel, Marcus Klamert, and Jonathan Tomkin, eds. 2019. The EU Treaties and the Charter of Fundamental Rights: A Commentary. Oxford: Oxford University Press. [Google Scholar]
- Margaritis, Konstantinos. 2016. The Protection of Fundamental Rights in the European Union and the Treaty of Lisbon. Athens: Nomiki Bibliothiki. (In Greek) [Google Scholar]
- Peers, Steve, Tamara Hervey, Jeff Kenner, and Angela Ward, eds. 2021. The EU Charter of Fundamental Rights: A Commentary. Oxford: Hart Publishing. [Google Scholar]
- Tzemos, Vasileios G., ed. 2019. The Charter of Fundamental Rights of the European Union: A Commentary. Athens: Nomiki Bibliothiki. (In Greek) [Google Scholar]
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Tzemos, V.G.; Margaritis, K. The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives. Laws 2021, 10, 76. https://doi.org/10.3390/laws10040076
Tzemos VG, Margaritis K. The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives. Laws. 2021; 10(4):76. https://doi.org/10.3390/laws10040076Chicago/Turabian Style
Tzemos, Vasileios G., and Konstantinos Margaritis. 2021. "The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives" Laws 10, no. 4: 76. https://doi.org/10.3390/laws10040076