This outstanding work should be of great interest for national and European scholars, practitioners, and judges willing to better understand the circulation of the Charter in Europe as a whole.

- Yann Lorans, EU Law Live

This work offers deep and exciting insights into the sometimes considerably different application of the GRC in the Member States and can therefore be recommended without reservation to anyone interested in the topic.

- Stefan Kieber, Newsletter Menschenrechte (Bloomsbury translation)

Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States’ Perspectives, providing a structured, in-depth account of the Charter’s operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.
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Introduction Jeremias Adams-Prassl and Michal Bobek PART I THE FOUNDATIONS 1. The Role of the EU Charter in the Member States Koen Lenaerts 2. The EU Charter Ten Years On: A View from Strasbourg Siofra O’Leary PART II MEMBER STATE PERSPECTIVES 3. Austria: United in Consistent Interpretation Christoph Grabenwarter and Christine Pesendorfer 4. Belgium: The EU Charter in a Tradition of Openness Sarah Lambrecht 5. Bulgaria: Rays of Light in a Cloudy Sky 9 Alexander Kornezov 6. Czech Republic and Slovakia: Another International Human Rights Treaty? Adam Blisa, Pavel Molek and Katarina Šipulova 7. The EU Charter before the French Parliament and Courts: Between (Great) Disillusion and (Little) Hope Laurence Burgorgue-Larsen 8. Taking Up the European Mandate: The Charter Before German Courts Mattias Wendel 9. Hungary: A Half-Hearted Look at the Charter Antal Berkes, Andras Jakab and Pal Sonnevend 10. Ireland and the Charter: Ten Underwhelming Years? Gerard Hogan 11. Italy: New Frontiers and Further Developments Silvana Sciarra and Angelo Jr Golia 12. The Netherlands: The New Kid on the Block, Growing Pains or Growing Gains? Corinna Wissels and Aniel Pahladsingh 13. Poland – The Charter of Fundamental Rights as a Last Resort? Krystyna Kowalik-Banczyk 14. Portugal: Lukewarm Engagement with the Charter Goncalo de Almeida Ribeiro and Patricia Fragoso Martins 15. Trials, Tributes and Tribulations: The EU Charter before the Slovenian Courts Matej Accetto 16. The (Incomplete) Reception of the EU Charter of Fundamental Rights in Spain Daniel Sarmiento and Xavier Codina 17. Limited But Not Inconsequential: The Application of the Charter by the Courts of England and Wales Lady Arden and Takis Tridimas PART III SELECTED RIGHTS 18. Article 8: The Right to Data Protection Orla Lynskey 19. Article 47: The Right to an Effective Remedy and to a Fair Trial Kathleen Gutman 20. Article 50: The Elusive Shape of the Ne Bis In Idem Rule Magdalena Lickova 21. Article 51: The Scope of Application of the Charter Sara Iglesias Sanchez 22. Article 52: Twenty-Eight Shades of Interpretation? Maja Brkan and Šejla Imamovic 23. Why Article 53 of the Charter Should Ground the Application of National Fundamental Rights in Fully Harmonised Areas Francois-Xavier Millet PART IV BROADER PERSPECTIVES 24. References for a Preliminary Ruling and the Charter of Fundamental Rights: Experiences and Data from 2010 to 2018 David Reichel and Gabriel N. Toggenburg 25. The Charter as a Standard of Constitutional Review in the Member States Clara Rauchegger 26. Exporting Cherries for the Cakes: The Charter of Fundamental Rightsin Domestic Courts of the EU’s Neighbourhood Adam Lazowski 27. Protecting Fundamental Rights Beyond the Charter: Repositioning the Reverse Solange Doctrine in Light of the CJEU’s Article 2 TEU Case-Law Armin von Bogdandy and Luke Dimitrios Spieker 28. The Cosmopolitan and Federal Margins of Appreciation Alexander Somek Conclusion Michal Bobek and Jeremias Adams-Prassl
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This book is a significant examination of how the EU Charter of Fundamental Rights is implemented across member states by leading experts.
Significant analysis of how the Charter of Fundamental Rights is implemented at member state level
A forum for exploring the impact of landmark CJEU judgments and secondary legislation across the EU. Located at the cross-section between EU law, comparative law and socio-legal studies, EU Law in the Member States explores the interaction of EU law and national legal systems by analysing comparative evidence of the impact landmark EU measures—from CJEU decisions and secondary legislation to soft-law—have had across different Member States. The nature and operation of EU law has traditionally been analysed in a highly ‘centralised’ way, through the lenses of Brussels and Luxembourg, and in terms of the Treaty and its interpretation by the Court of Justice. Beneath this orthodoxy, however, lies the complex world of the genuine life of EU law in the Member States. Judicial and administrative practices across the Union’s 28 Member States considerably qualify and sometimes even challenge the long-standing assumption that doctrines such as the direct effect and supremacy of EU law ensure a uniform and effective application of its provisions. Each volume brings together leading academics, national experts and practitioners in order to draw conclusions both for EU law generally and the specific area in question on the basis of Member State reports and broader horizontal papers, and will be of interest to generalist EU lawyers and specialists in each field across the Member States. Academic audiences will benefit from the tight integration of national case studies and doctrinal analysis, whilst practitioners and policy makers will find systematically presented comparative evidence and commentary.
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Produktdetaljer

ISBN
9781509940912
Publisert
2020-12-24
Utgiver
Vendor
Hart Publishing
Vekt
1197 gr
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
632

Biographical note

Michal Bobek is Advocate General at the Court of Justice of the European Union. Jeremias Adams-Prassl is Professor of Law at Magdalen College, Oxford, and Deputy Director of the Institute of European and Comparative Law, University of Oxford.