The EU Charter of Fundamental Rights in the Member States

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.>

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.

Préface
This book is a significant examination of how the EU Charter of Fundamental Rights is implemented across member states by leading experts.

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

Contenu
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 ipulova 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 ejla 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