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Exploring the Limits of the EU Charter of Fundamental Rights

  • Koen Lenaerts

Abstract

Scope of application of Charter – What does ‘implementing Union law’ mean? – Application of v. derogation from EU law – Asylum cases, N.S. – Familiapress, Schmidberger, Viking – Implementing to include derogation – Annibaldi and Dereci – Interpretation of the Charter – ‘Provided for by law’ – The ‘essence’ of a right or freedom – Legitimate objectives and proportionality – Rights both in EU Treaties and in Charter: citizenship – Charter and ECHR – Constitutional Traditions, level of protection and deference – Article 53 not according to Solange, but like Omega and Sayn-Wittgenstein – Principles and Rights

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* Vice-President of the Court of Justice of the European Union, and Professor of European Union Law, Leuven University. All opinions expressed herein are personal to the author.

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Exploring the Limits of the EU Charter of Fundamental Rights

  • Koen Lenaerts

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