Lock, Tobias (2019) Rights and Principles in the EU Charter of Fundamental Rights. Common Market Law Review, 56 (5). pp. 1201-1226. ISSN 0165-0750
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Abstract
This article analyses the distinction between rights and principles in the
EU Charter of Fundamental Rights. On the basis of an analytical
definition of Charter rights, it shows that Charter principles differ from
Charter rights in nature: they are non-relational and not intersubjective;
they contain mere duties without corresponding claim-rights. This has
consequences for their justiciability, which the Charter itself limits. The
article dismisses any suggestion that the characterization of a Charter
provision as belonging to the realm of economic, social and cultural rights
determines its nature as a principle. Instead, a more nuanced approach is
advocated. It further argues that Charter principles are binding
regardless of their implementation and that the latter only matters for their
justiciability.
Item Type: | Article |
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Additional Information: | Cite as: Tobias Lock, 'Rights and principles in the EU Charter of Fundamental Rights', (2019), 56, Common Market Law Review, Issue 5, pp. 1201-1226, https://kluwerlawonline-com.jproxy.nuim.ie/journalarticle/Common+Market+Law+Review/56.5/COLA2019100 |
Keywords: | EU Charter of Fundamental Rights; Principles; Rights; Justiciability; Economic; Social; Cultural Rights; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 13653 |
Depositing User: | Tobias Lock |
Date Deposited: | 24 Nov 2020 16:36 |
Journal or Publication Title: | Common Market Law Review |
Publisher: | Kluwer Law International |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/13653 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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