Special Issue "The Charter of Fundamental Rights of the European Union: the First Ten Years - New Challenges and Perspectives"
A special issue of Laws (ISSN 2075-471X).
Deadline for manuscript submissions: 31 October 2020.
Interests: European Union law; human rights; constitutional law; administrative law; administrative science
Interests: European institutional and constitutional law; protection of fundamental rights in Europe; comparative constitutional law
This year, the EU Charter of Fundamental Rights celebrates 10 years since its formal recognition as primary EU law under article 6, par. 1 TEU as amended by the Lisbon Treaty. The Charter contains substantive rights categorized in 6 titles, each reflecting a core value of the European Union; dignity, freedoms, equality, solidarity, citizens’ rights, and justice. The seventh and last title of the Charter refers to the interpretation and application of its provisions. In particular, article 51 defines the field of application, whereas article 52 sets the scope and interpretation depending on the source of inspiration for each article. In that sense, article 52 reflects the essence of composite constitutionalism in Europe, outlining the interrelation among its core elements. Throughout those 10 years, the CJEU has interpreted the provisions of the Charter formulating the respective rights. Moreover, the development of case law in human rights by the CJEU inevitably leads to judicial dialogue with the well-established human rights court in Europe, the ECtHR. The aim of this Special Issue is to stimulate discussion on the past, present, and future of the Charter of Fundamental Rights of the European Union. Topics of interest include, but are not limited to:
- 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;
- What future for the Charter?
Dr. Vasileios G. Tzemos
Dr. Konstantinos Margaritis
Manuscript Submission Information
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- The Charter of Fundamental Rights of the European Union;
- Case law of the CJEU
- Judicial dialogue
- Composite constitutionalism