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    Rights and Principles in the EU Charter of Fundamental Rights


    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

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    Abstract

    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.

    Item Type: Article
    Additional Information: Cite as: Tobias Lock, 'Rights and principles in the EU Charter of Fundamental Rights', (2019), 56, Common Market Law Review, Issue 5, pp. 1201-1226, https://kluwerlawonline-com.jproxy.nuim.ie/journalarticle/Common+Market+Law+Review/56.5/COLA2019100
    Keywords: EU Charter of Fundamental Rights; Principles; Rights; Justiciability; Economic; Social; Cultural Rights;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 13653
    Depositing User: Tobias Lock
    Date Deposited: 24 Nov 2020 16:36
    Journal or Publication Title: Common Market Law Review
    Publisher: Kluwer Law International
    Refereed: Yes
    URI:

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