Die Bindung an die Grundrechte der Europäischen Union bei der Anwendung staatlichen Strafrechts – Anmerkungen zum Urteil des EuGH in der Rechtssache Åkerberg Fransson

Abstract

The judgment of the European Court of Justice in the Case Åkerberg Fransson expresses the current position of the Court with respect to the binding effect of the EU Charter of Fundamental Rights on the member states which has been understood as a challenge to domestic constitutional courts. Indeed, the decision starts from a wide understanding of Article 51 CFR according to which the member states are bound by the rights of the Charter "only when they are implementing Union law". However, the judgment neither means a change of the Court´s jurisprudence nor an untenably extensive reading of Article 51 CFR. Furthermore, the outcome is not surprising that the European judiciary would like to see EU fundamental rights applied in a case which concerns the common value added tax system of the Union and therefore a substantial proportion of the Union's own financial resources. Premature critical reactions notwithstanding, the relationship between the ECJ and municipal constitutional or supreme courts will remain unchanged.

Contemporary Issues in Human Rights Law

“…On the union citizenship, see Shaw (1998), Hailbronner (2005, Bellamy (2008), Spaventa (2008), Kadelbach (2010) andWollenschläger (2011).…”

“…On this issue see Lenaerts (2012), Matz-Lück (2012), Jarass (2012), Kadelbach (2013) and Ward (2014), para. 51.49.…”

The Principle of Non-discrimination in the European Convention on Human Rights and in EU Fundamental Rights Law

“…50. 58 On this issue see Lenaerts (2012), Matz-Lück (2012), Jarass (2012), Kadelbach (2013) and Ward (2014), para. 51.49.…”