Chapter 3: The role of the general principles of law concerning fundamental rights in the post-Lisbon case law of the Court of Justice
Chapter 3 deals with the case-law developed by the ECJ in the field of fundamental rights protection since the entry into force of the Lisbon Treaty. It analyses those judgments where written (i.e. the Charter of Fundamental Rights) and unwritten (i.e. general principles) sources of law have been interpreted and applied in parallel, or at least where they could be so interpreted and applied. The chapter moves on to consider cases where the ECJ could have invoked alternatively or jointly both sources in ensuring the protection of fundamental rights but instead chose self-restraint by refusing to use them as standards of constitutionality, thus sometimes denying the protection of certain rights. Lastly, the chapter analyses cases in which the ECJ, also by virtue of the homogeneity clause of the Charter (Article 52(3)), could have set a higher standard of protection than that set by the ECtHR but decided not to. Keywords: Case Law of Court of Justice of the European Union after the Lisbon Treaty; Court of Justice and General Principles on the Protection of Fundamental Rights; Court of Justice and the Charter of Fundamental Rights of the European Union
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.