Rights and Principles in the EU Charter of Fundamental Rights |
Lock, Tobias
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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.
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Keyword(s):
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EU Charter of Fundamental Rights; Principles; Rights; Justiciability; Economic; Social; Cultural Rights |
Publication Date:
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2019 |
Type:
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Journal article |
Peer-Reviewed:
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Yes |
Institution:
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Maynooth University |
Citation(s):
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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):
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Kluwer Law International |
File Format(s):
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other |
Related Link(s):
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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 |