The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 10: The Charter of Fundamental Rights as a Set of Constitutional Principles

Helena Raulus


Helena Raulus 1. INTRODUCTION Hopes and fears can be said to have been characterizing the process of adopting the binding EU Charter of Fundamental Rights.1 Hopes reflected the potential of the Charter to ‘serve as a federalizing force’ for the Union,2 setting a Union-wide, coherent constitutional framework.3 Member States could be described as being wary of this outcome. Even though the Charter of Fundamental Rights was adopted, solemnly declared and recognized as a set of Union rights and principles in 2000,4 its legally binding status has been the subject of constant negotiations until the adoption of the Treaty of Lisbon. Originally, the Charter already specified in Article 51 that it is to be applied mainly to the Union Institutions, agencies and bodies and to the Member States only when they are implementing Union legislation. In the Constitutional Treaty5 the Charter was included in the Treaty itself. In OJ 2010/C83/p. 389 ff. Douglas-Scott, S. (2004), ‘The Charter of Fundamental Rights as a Constitutional Document’, European Human Rights Law Review, 1, 37–50, at p. 37. 3 See also for early writings, Lenaerts, K. (2000), ‘Respect for Fundamental Rights as a Constitutional Principle of the European Union’, Columbia Journal of European Law, 6, 1–25, and von Bogdandy, A. (2000), ‘The European Union as a Human Rights Organization? Human Rights and the Core of the European Union’, Common Market Law Review, 37 (6), 1307–1338. 4 It was decided in the Cologne European Council 3–4 June 1999,...

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