The Court of Justice of the European Union and the Protection of Fundamental Rights Source: Polish Yearbook of International Law

• Authors: Koen Lenaerts
• Languages of publication: PL

Abstracts

EN

The present contribution looks at the protection of fundamental rights under EU law, paying special attention to the Charter of Fundamental Rights of the European Union (the Charter) which, since the entry into force of the Treaty of Lisbon, enjoys “the same legal value as the Treaties”. First, by looking at the recent case law of the European Court of Justice, it explores the scope of application of the Charter. Second, it examines the conditions that the limitations on the exercise of the rights and freedoms recognised by the Charter must fulfil in order to be valid. Third, it looks at the interaction between, on the one hand, the Charter and the European Convention for the Protection of Human Rights and Fundamental Freedoms and between, on the other hand, the Charter and the constitutional traditions common to the Member States. Finally, a brief conclusion contains some remarks as to the requirements private applicants must fulfil in order to build strategic human rights cases successfully.

Keywords

EN

Charter of Fundamental Rights; European Union; Treaty of Lisbon; European Convention on Human Rights; ECHR

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2011
• Volume: 31
• Pages: 79-106

Contributors

author

Koen Lenaerts

• European Court of Justice, Luxembourg