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As is well known, the entry into force of the Treaty of Lisbon on 1 December 2009 enhanced the legal status of the EU’s Charter of Fundamental Rights by making it legally binding. Has this change had any impact upon the protection of the right to equality within the EU legal order? As we shall see, the case law of the Court of Justice has already addressed some interesting issues as regards the principle...
Starting from the perspective of a national (Irish) judge, the author examines the complex system of human rights’ protection guaranteed by national law, EU law and the European Convention. Human rights protection at these different levels is illustrated by a rich selection of case-law all originating from Ireland. At the first level, the Irish Constitution already grants a high level of judicial...
There is nothing innovative in the EU Charter of Fundamental Rights from the perspective of damages. Unlike regional human rights instruments elsewhere, it contains no express provision obliging member governments to compensate those who suffer loss that is attributable to its breach. This paper considers the provisions of the Charter in the light of the concept of “individual rights” as it is understood...
The contribution focuses on the relationship between the substantive interpretation of the ne bis in idem principle in the case law of the European Court of Justice in competition matters in particular and the scope of application of the principle in the light of Article 51 of the Charter of Fundamental Rights of the European Union. In its case law on Article 54 of the Convention on the Implementation...
Der folgende Beitrag beschäftigt sich mit der Entwicklung und Ausweitung der Rechte des Bürgers der Europäischen Union. Die aus den Grundfreiheiten fließenden Rechte des Marktbürgers sind die wichtigsten Rechte des Unionsbürgers, deren heutige Wirkung sich nur aufgrund des vom EuGH entwickelten Prinzips der Direktwirkung und der weiten Fassung des Begriffs der Beschränkung durch den EuGH entfalten...
The importance of the Charter of Fundamental Rights has grown considerably since it became binding on 1 December 2009. As expected, the Court of Justice of the European Union is proving to be quite instrumental in unlocking the Charter’s meaning and potential. To date the Charter has been referred to by the judges at the Kirchberg in over 150 judgments and has even been used as a yardstick for the...
Article 86 TFEU provides a clear legal basis to establish the European Public Prosecutor’s Office (EPPO) and to regulate its investigative and prosecutorial powers. Article 86 TFEU also refers to a limited substantive mandate, the protection of the financial interest of the Union, or to an extended mandate (based on an unanimous decision in the Council) including all serious crimes having a cross-border...
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