Exploring the Limits of the EU Charter of Fundamental Rights
TLDR
In this paper, the scope of application of the ECHR and its application in the context of derogation from EU law has been discussed, including the application of v. N.S.Abstract:
Scope of application of Charter – What does ‘implementing Union law’ mean? – Application of v. derogation from EU law – Asylum cases, N.S. – Familiapress, Schmidberger, Viking – Implementing to include derogation – Annibaldi and Dereci – Interpretation of the Charter – ‘Provided for by law’ – The ‘essence’ of a right or freedom – Legitimate objectives and proportionality – Rights both in EU Treaties and in Charter: citizenship – Charter and ECHR – Constitutional Traditions, level of protection and deference – Article 53 not according to Solange, but like Omega and Sayn-Wittgenstein – Principles and Rightsread more
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Book
European Constitutional Law
TL;DR: The European Union has existed for over half a century and has developed into a constitutional Union of States as mentioned in this paper. But the European Union's constitutional structures have evolved in parallel with this immense growth.
Dissertation
Collective Autonomy in the European Union: Theoretical, Comparative and Cross-border perspectives on the Legal Regulation of Collective Bargaining
TL;DR: In this article, the authors investigated the relationship between collective bargaining and legal regulation and its current evolution in the national contexts and in the EU internal market, and argued that collective autonomy and collective bargaining in contemporary Europe present challenges that alter their basic features.
Book ChapterDOI
The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model
MonographDOI
Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges
TL;DR: The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities as discussed by the authors.
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Posted Content
The Idea of Constitutional Pluralism
TL;DR: A rehabilitated language of constitutionalism would meet these challenges through a version of constitutional pluralism as mentioned in this paper, which recognises that in the post-Westphalian world there exists a range of different constitutional sites and processes configured in a heterarchical rather than a hierarchical pattern, and seeks to develop a number of empirical indices and normative criteria which allow us to understand this emerging configuration and assess the legitimacy of its development.
Journal Article
Does the EU Charter of Fundamental Rights threaten the supremacy of Community law
Journal ArticleDOI
The Member States, the National Constitutions and the Scope of the Charter
TL;DR: The European Charter for Fundamental Rights as discussed by the authors is the godchild of the German constitutional law and has been adopted by the Council of the European Union in the European Council in the form of a Charter of Fundamental Rights.
Journal ArticleDOI
European Constitutional Pluralism and the European Arrest Warrant: Contrapunctual Principles in Disharmony
TL;DR: In this paper, the authors examine two recent decisions of the Polish Constitutional Tribunal and the German Federal Constitutional Court, which both annulled national implementation of the EAW Framework Decision, and point out some of their questionable elements.