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The EU Charter of Fundamental Rights in the Member States.

The EU Charter of Fundamental Rights in the Member States.

・ISBN 978-1-5099-4564-1 paper GB£ 74.99

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お気に入り
電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 978-1-5099-4094-3
著者・編者Bobek, Michal / Adams-Prassl, Jeremias (eds.),
シリーズ (EU Law in the Member States)
出版社 (Hart Publishing, UK)
出版年月2022
ページ数632 pp.
言語ENG
ニュース番号<A02-29356>

解説

Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'menage a trois'?

These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.