Show Less
You do not have access to this content

General Principles of EU Law and the Protection of Fundamental Rights

Chiara Amalfitano

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
Show Summary Details
You do not have access to this content

Chapter 2: The relationship between the sources of fundamental rights protection in the EU legal order

Chiara Amalfitano

Extract

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

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.