Constitutional Courts as Guardians of EU Fundamental Rights? Centralised Judicial Review of Legislation and the Charter of Fundamental Rights of the EU

2015 ◽  
Vol 11 (2) ◽  
pp. 389-407 ◽  
Author(s):  
Davide Paris
Keyword(s):  
Judicial Review ◽  
Fundamental Rights ◽  
Constitutional Courts ◽  
Charter Of Fundamental Rights ◽  
Eu Fundamental Rights ◽  
The Eu

scholarly journals Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law

2020 ◽  
Vol 18 (1) ◽  
pp. 25-49
Author(s):  
Mihaela Vrabie
Keyword(s):  
Judicial Review ◽  
National Level ◽  
Fundamental Rights ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
Eu Fundamental Rights ◽  
The Eu

This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States. It also aims to determine the legal remedies available at national level in the context of judicial review in case of violation, by the national authorities, of EU fundamental rights guaranteed by the Charter of Fundamental Rights of the EU or as general principles of EU law. To this end, this study explains the impact of the legally binding EU Charter on public administration of the Member States and the field of application of the EU Charter at national level. The article also deals with the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter and EU fundamental rights as general principles of EU law. With reference to the judicial remedies available to national courts, the study outlines the effects of EU law (primacy of EU law, direct effect, direct application) in relation to the EU fundamental rights and the measures that can be adopted by the national courts when the action of the national administrative authorities is not compatible with EU fundamental rights. Finally, the article presents the most important findings concerning judicial protection of EU fundamental rights at the national level, especially from the perspective of the right to an effective remedy and to a fair trial stipulated by Article 47 of the EU Charter.  

Judicial Review

2016 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Fundamental Rights ◽  
Bank Resolution ◽  
The Us ◽  
Charter Of Fundamental Rights ◽  
Us Constitution ◽  
Takings Clause ◽  
The Right ◽  
The Eu

The exercise of extensive powers by authorities during the recovery and resolution process may interfere with constitutionally protected fundamental rights of stakeholder in a multitude of ways. Particularly relevant are the right to conduct a business and the right to property under the EU Charter of fundamental rights, as well as the takings clause under the US constitution. A balance needs to be struck between the aims and objectives of bank resolution and the rights of investors and the requirements of due process. This is normally achieved through expedited and limited judicial review. This chapter assesses whether and to what extent the respective procedures are in line with constitutional and fundamental rights requirements.

Die Unionsgrundrechte unter dem Einfluss des Prozessrechts

2019 ◽  
Author(s):  
Stefan Drechsler
Keyword(s):  
Fundamental Rights ◽  
European Federation ◽  
Economic Rights ◽  
Procedural Law ◽  
Pure Chance ◽  
Judicial Practice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Eu Fundamental Rights ◽  
The Eu

This book analyses the influence of the EU courts‘ procedural law on the EU fundamental rights doctrine, using the example of economic fundamental rights (Articles 15 and 16 of the European Charter of Fundamental Rights). Starting with the judicial practice of the past ten years, the distinction of the scope of various fundamental rights, the depth of scrutiny toward the Union legislator and the position of the economic fundamental rights in relation to other rights are examined. In doing so, the book illustrates the enormous – and heretofore far underestimated – relevance of procedural rules, the parties‘ strategies, and of pure chance for the European Court of Justice’s approach to fundamental rights. The book shows the potential for reform of the EU courts in order for them to meet the justified expectation of an informed and consistent case law on fundamental rights, and presents proposals for a framework of EU economic rights in the European federation.

scholarly journals Principled Silence or Mere Silence on Principles? The Role of the EU Charter’s Principles in the Case Law of the Court of Justice

2015 ◽  
Vol 11 (2) ◽  
pp. 321-356 ◽  
Author(s):  
Jasper Krommendijk
Keyword(s):  
Direct Effect ◽  
Judicial Review ◽  
Case Law ◽  
Fundamental Rights ◽  
Historical Background ◽  
Social Rights ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Eu

Historical background of the inclusion of social rights in the Charter of Fundamental Rights – Distinction between rights and principles – Similarities between the conditions for direct effect and the criteria for distinguishing between Charter rights and principles – Implications of this distinction for the possibilities of judicial review – Reluctance of the ECJ to explicitly deal with the distinction until Glatzel, as illustrated by its earlier judgments in Dominguez and AMS.

Balancing Fundamental Rights in EU Law

2014 ◽  
Vol 16 ◽  
pp. 347-360
Author(s):  
Allan Rosas
Keyword(s):  
Fundamental Rights ◽  
European Convention ◽  
Strict Sense ◽  
Present Contribution ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Free Movement Of Goods ◽  
Eu Fundamental Rights ◽  
The Eu

AbstractIt appears more and more often that cases brought before the European Court of Justice raise issues relating to two or more fundamental rights and the relation between them. In such situations, it is often necessary to establish a ‘balance’ between the fundamental rights concerned. In some cases, one of the rights involved is not a fundamental right in the strict sense but, for instance, an economic freedom (such as the free movement of goods) recognised under the basic EU Treaties. Another configuration may be a situation where, for instance, two of the fundamental rights which are at issue are to be found in the EU Charter of Fundamental Rights but only one of them appears in the European Convention on Human Rights. In such situations, one wonders what would be the relevance of Article 52(3) of the Charter of Fundamental Rights, which establishes a direct link between the Charter and the European Convention. The present contribution will look at the question of balancing of EU fundamental rights in general and also at more specific problems arising in this context, such as the two problems identified above.

The Decision of the AustrianVerfassungsgerichtshofon the EU Charter of Fundamental Rights: An Instrument of Leverage or Rearguard Action?

2015 ◽  
Vol 16 (6) ◽  
pp. 1429-1448 ◽  
Author(s):  
Andreas Orator
Keyword(s):  
Fundamental Rights ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
Administrative Action ◽  
Charter Of Fundamental Rights ◽  
Constitutional Adjudication ◽  
The Eu

In a landmark decision of 2012 on the relevance of the EU Charter of Fundamental Rights (CFR) in domestic constitutional adjudication, the AustrianVerfassungsgerichtshof(Constitutional Court) substantially extended the applicable yardstick, according to which the constitutionality of ordinary laws and administrative action may be assessed, to certain Charter rights. At the same time, theVerfassungsgerichtshofclaimed its active commitment to judicial dialogue with the Court of Justice of the European Union (CJEU) through the preliminary reference procedure pursuant to Article 267 TFEU to effectively protect Charter-based fundamental rights of individuals. Arguably, both the domestic and Union-wide ramifications of this “instant classic” case of a domestic constitutionalization of the Charter are substantial, delivering insight not least as to the transformative role of the Charter for domestic fundamental rights protection and the adaptations of domestic constitutional courts in such a changed environment.

The EU Legal Framework for the Protection of Fundamental Rights

2021 ◽  
pp. 94-211
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Legal Framework ◽  
Fundamental Rights ◽  
European Convention ◽  
Mutual Trust ◽  
National Parliaments ◽  
Law And Policy ◽  
Charter Of Fundamental Rights ◽  
National Governments ◽  
Eu Fundamental Rights ◽  
The Eu

This chapter offers a global view of the EU legal framework for the protection of fundamental rights and the basic functioning of its key constituents, most notably the Charter of Fundamental Rights. The EU Charter of Fundamental Rights was originally devised in 2000 by the so-called European Convention consisting of representatives of the European Parliament, national parliaments, the European Commission, and national governments. The Charter today is the centrepiece of EU fundamental rights law and policy. It is a separate document from the Treaties but holding the same legal value. It consists of a preamble and seven titles, the first six of which contain substantive rights and principles on dignity, freedoms, equality, solidarity, citizens' rights, and justice. The last title covers general provisions on the field of application of the Charter, its scope and interpretation, level of protection, and a prohibition of the abuse of rights. The chapter then considers EU secondary law; the principle of mutual trust; and the protection of EU values through Article 2 and 7 TEU.

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