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:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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