Chapter 2: The relationship between the sources of fundamental rights protection in the EU legal order
Chapter 2 analyses the relationship between the sources of fundamental rights protection in the context of Article 6 TEU. Although the Charter of Fundamental Rights largely reproduces the general principles developed by the ECJ, neither the Charter nor the Treaties contain any provision formally coordinating the two. The Charter and the general principles are instead expressly correlated with the ECHR, which continues to have indirect force in the EU system pending the Union’s accession to it. In dwelling upon the relevance of the ECHR in the EU legal order pursuant to Article 6(3) TEU and Article 52(3) of the Charter, the chapter appraises the coordination between the Charter’s provisions and the corresponding ECHR provisions looking at the case law of the ECJ and the ECtHR, and most notably the way the general principles of EU law coexist with the ECHR and with the Charter. Keywords: Relationships between sources of fundamental rights protection; Relationship between the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights; Relationship between General Principles on the Protection of Fundamental Rights and the European Convention on Human Rights; Relationship between General Principles on the Protection of Fundamental Rights and the Charter of Fundamental Rights of the European Union; Case Law
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