Rights and Principles in the Charter and the General Principles of EU law: Were one, but were not the same?
Fiche du document
1 juillet 2018
- handle: 10670/1.n91nsz
info:eu-repo/semantics/openAccess
Mots-clés
Association de Médiation sociale 9 * Audiolux 7 * Charter 15 * fundamental rights 1 * general principles 1 * Glatzel 13 * judicial activism 1 * Kücükdeveci 5 * Mangold 5 * primary lawSujets proches
Legislative acts Legislative enactments Acts, Legislative Enactments, Legislative Laws (Statutes)Citer ce document
Luísa Lourenço, « Rights and Principles in the Charter and the General Principles of EU law: Were one, but were not the same? », e-Pública: Revista Eletrónica de Direito Público, ID : 10670/1.n91nsz
Métriques
Partage / Export
Résumé
General principles of EU law have been widely used in the case-law of the European Court of Justice. In cases involving fundamental rights, however, they have raised especially harsh criticism and accusations of judicial activism. With the Charter of Fundamental Rights of the EU, a codified version of rights and principles seemed to present an opportunity to surmount legal uncertainty. Still, general principles of EU law show no signs of vacating their place in the hierarchy of sources of primary law, and only future case-law of the Court will be able to clarify the scope of application of all available tools for fundamental rights protection.