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Rights and Principles in the EU Charter of Fundamental Rights
Lock, Tobias
This article analyses the distinction between rights and principles in the EU Charter of Fundamental Rights. On the basis of an analytical definition of Charter rights, it shows that Charter principles differ from Charter rights in nature: they are non-relational and not intersubjective; they contain mere duties without corresponding claim-rights. This has consequences for their justiciability, which the Charter itself limits. The article dismisses any suggestion that the characterization of a Charter provision as belonging to the realm of economic, social and cultural rights determines its nature as a principle. Instead, a more nuanced approach is advocated. It further argues that Charter principles are binding regardless of their implementation and that the latter only matters for their justiciability.
Keyword(s): EU Charter of Fundamental Rights; Principles; Rights; Justiciability; Economic; Social; Cultural Rights
Publication Date:
2019
Type: Journal article
Peer-Reviewed: Yes
Institution: Maynooth University
Citation(s): Lock, Tobias (2019) Rights and Principles in the EU Charter of Fundamental Rights. Common Market Law Review, 56 (5). pp. 1201-1226. ISSN 0165-0750
Publisher(s): Kluwer Law International
File Format(s): other
Related Link(s): http://mural.maynoothuniversity.ie/13653/7/TL-Rights-2019.pdf
First Indexed: 2020-11-25 06:36:50 Last Updated: 2020-11-25 06:36:50