2022
DOI: 10.1017/cel.2022.5
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Two Ways of Completing the European Fundamental Rights Union: Amendment to vs. Reinterpretation of Article 51 of the EU Charter of Fundamental Rights

Abstract: The aim of this Article is to show that the enforcement of Article 2 of the Treaty on European Union (‘TEU’) values vis-à-vis Member States could benefit from the application of the EU Charter of Fundamental Rights (‘CFR’) also in instances where the current interpretation of Article 51(1) CFR prevents this. This would be the case if the CFR were also applicable to purely domestic cases, eg—but not only—with regard to fundamental rights-relevant violations related to the values enshrined in Article 2 TEU. In t… Show more

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Cited by 2 publications
(1 citation statement)
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“…From 2013 onwards, the ECJ case law began to gradually extend the applicability of the Charter of Fundamental Rights, which reduced the need for a formal amendment (see also Jakab & Kirchmair, 2022). This could explain why the EP dropped the focus on the Charter of Fundamental Rights in the Article 48 Report.…”
Section: Protection Of Eu Valuesmentioning
confidence: 99%
“…From 2013 onwards, the ECJ case law began to gradually extend the applicability of the Charter of Fundamental Rights, which reduced the need for a formal amendment (see also Jakab & Kirchmair, 2022). This could explain why the EP dropped the focus on the Charter of Fundamental Rights in the Article 48 Report.…”
Section: Protection Of Eu Valuesmentioning
confidence: 99%