The EU Charter of Fundamental Rights in the Member States

Description

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 'menage a 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.

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.

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) *