The EU Charter of Fundamental Rights in the Member States
by Michal Bobek, Professor Jeremias Adams-Prassl
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.
Hardcover
English
Brand New
Author Biography
Michal Bobek is Advocate General at the Court of Justice of the European Union.Jeremias Adams-Prassl is Professor of Law at Magdalen College, Oxford, and Deputy Director of the Institute of European and Comparative Law, University of Oxford.
Table of Contents
Introduction Jeremias Adams-Prassl and Michal BobekPART ITHE FOUNDATIONS1. The Role of the EU Charter in the Member States Koen Lenaerts2. The EU Charter Ten Years On: A View from Strasbourg Siofra O'LearyPART IIMEMBER STATE PERSPECTIVES3. Austria: United in Consistent Interpretation Christoph Grabenwarter and Christine Pesendorfer4. Belgium: The EU Charter in a Tradition of Openness Sarah Lambrecht5. Bulgaria: Rays of Light in a Cloudy Sky 9Alexander Kornezov6. Czech Republic and Slovakia: Another International Human Rights Treaty? Adam Blisa, Pavel Molek and Katarina Šipulova7. The EU Charter before the French Parliament and Courts: Between (Great) Disillusion and (Little) Hope Laurence Burgorgue-Larsen8. Taking Up the European Mandate: The Charter Before German Courts Mattias Wendel9. Hungary: A Half-Hearted Look at the Charter Antal Berkes, Andras Jakab and Pal Sonnevend10. Ireland and the Charter: Ten Underwhelming Years? Gerard Hogan11. Italy: New Frontiers and Further Developments Silvana Sciarra and Angelo Jr Golia12. The Netherlands: The New Kid on the Block, Growing Pains or Growing Gains? Corinna Wissels and Aniel Pahladsingh13. Poland – The Charter of Fundamental Rights as a Last Resort? Krystyna Kowalik-Banczyk14. Portugal: Lukewarm Engagement with the Charter Goncalo de Almeida Ribeiro and Patricia Fragoso Martins15. Trials, Tributes and Tribulations: The EU Charter before the Slovenian Courts Matej Accetto16. The (Incomplete) Reception of the EU Charter of Fundamental Rights in Spain Daniel Sarmiento and Xavier Codina17. Limited But Not Inconsequential: The Application of the Charter by the Courts of England and Wales Lady Arden and Takis TridimasPART IIISELECTED RIGHTS18. Article 8: The Right to Data Protection Orla Lynskey19. Article 47: The Right to an Effective Remedy and to a Fair Trial Kathleen Gutman20. Article 50: The Elusive Shape of the Ne Bis In Idem Rule Magdalena Lickova21. Article 51: The Scope of Application of the Charter Sara Iglesias Sanchez22. Article 52: Twenty-Eight Shades of Interpretation? Maja Brkan and Šejla Imamovic23. Why Article 53 of the Charter Should Ground the Application of National Fundamental Rights in Fully Harmonised Areas Francois-Xavier MilletPART IVBROADER PERSPECTIVES24. References for a Preliminary Ruling and the Charter of Fundamental Rights: Experiences and Data from 2010 to 2018 David Reichel and Gabriel N. Toggenburg25. The Charter as a Standard of Constitutional Review in the Member States Clara Rauchegger26. Exporting Cherries for the Cakes: The Charter of Fundamental Rightsin Domestic Courts of the EU's Neighbourhood Adam Lazowski27. 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 Spieker28. The Cosmopolitan and Federal Margins of Appreciation Alexander SomekConclusion Michal Bobek and Jeremias Adams-Prassl
Review
This outstanding work should be of great interest for national and European scholars, practitioners, and judges willing to better understand the circulation of the Charter in Europe as a whole. -- Yann Lorans * EU Law Live *
This work offers deep and exciting insights into the sometimes considerably different application of the GRC in the member states and can therefore be recommended without reservation to anyone interested in the topic. -- Stefan Kieber * Newsletter Menschenrechte (Bloomsbury translation) *
Promotional
This book is a significant examination of how the EU Charter of Fundamental Rights is implemented across member states by leading experts.
Review Quote
This work offers deep and exciting insights into the sometimes considerably different application of the GRC in the Member States and can therefore be recommended without reservation to anyone interested in the topic.
Promotional "Headline"
This book is a significant examination of how the EU Charter of Fundamental Rights is implemented across member states by leading experts.
Feature
Significant analysis of how the Charter of Fundamental Rights is implemented at member state level
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