Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared

The personal scope of the Charter of Fundamental Rights of the European Union (the Charter) is an area that still needs to be defined by the Court of Justice of the European Union (CJEU). The issue surrounding the personal scope entails the question of who can claim the protection of fundamental rig...

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Autores principales:	Manon Julicher, Marina Henriques, Aina Amat Blai, Pasquale Policastro
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	personal scope eu charter european convention on human rights national constitutions fundamental rights Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/e19697994d3d4732acdba6a286d161ea
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spelling	oai:doaj.org-article:e19697994d3d4732acdba6a286d161ea2021-11-08T08:17:04ZProtection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared1871-515X10.18352/ulr.490https://doaj.org/article/e19697994d3d4732acdba6a286d161ea2019-05-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/490https://doaj.org/toc/1871-515XThe personal scope of the Charter of Fundamental Rights of the European Union (the Charter) is an area that still needs to be defined by the Court of Justice of the European Union (CJEU). The issue surrounding the personal scope entails the question of who can claim the protection of fundamental rights. A particularly controversial matter has proved to be the question whether, and if so under what circumstances, private legal entities and public authorities can invoke fundamental rights. This article aims to provide a detailed examination of the ‘landscape’ the CJEU must take into account when dealing with the personal scope of the Charter in the future. Firstly, this landscape is made up of the background and objectives of the EU and the European Convention on Human Rights (ECHR) legal systems. Secondly, it is shaped by the personal scope application of the Charter as interpreted by the CJEU so far, and the personal scope application of the ECHR as interpreted by the European Court of Human Rights (ECtHR). Finally, the application by Member State courts of fundamental rights, via the Charter, ECHR and constitutional rights, forms an element in this landscape. An examination of these aspects will provide answers to the question of how the three main players on the European fundamental rights stage – the CJEU, the ECtHR and the national courts – have applied the personal scope of their fundamental rights up to now. This also encompasses answers to the question of how these applications relate to the different background and objectives of the ECHR and the EU legal systems. These answers will provide the CJEU with tools to deliver well-informed rulings on the personal scope of Charter provisions in the future.Manon JulicherMarina HenriquesAina Amat BlaiPasquale PolicastroUtrecht University School of Lawarticlepersonal scopeeu chartereuropean convention on human rightsnational constitutionsfundamental rightsLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 1, Pp 1-25 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	personal scope eu charter european convention on human rights national constitutions fundamental rights Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	personal scope eu charter european convention on human rights national constitutions fundamental rights Law in general. Comparative and uniform law. Jurisprudence K1-7720 Manon Julicher Marina Henriques Aina Amat Blai Pasquale Policastro Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
description	The personal scope of the Charter of Fundamental Rights of the European Union (the Charter) is an area that still needs to be defined by the Court of Justice of the European Union (CJEU). The issue surrounding the personal scope entails the question of who can claim the protection of fundamental rights. A particularly controversial matter has proved to be the question whether, and if so under what circumstances, private legal entities and public authorities can invoke fundamental rights. This article aims to provide a detailed examination of the ‘landscape’ the CJEU must take into account when dealing with the personal scope of the Charter in the future. Firstly, this landscape is made up of the background and objectives of the EU and the European Convention on Human Rights (ECHR) legal systems. Secondly, it is shaped by the personal scope application of the Charter as interpreted by the CJEU so far, and the personal scope application of the ECHR as interpreted by the European Court of Human Rights (ECtHR). Finally, the application by Member State courts of fundamental rights, via the Charter, ECHR and constitutional rights, forms an element in this landscape. An examination of these aspects will provide answers to the question of how the three main players on the European fundamental rights stage – the CJEU, the ECtHR and the national courts – have applied the personal scope of their fundamental rights up to now. This also encompasses answers to the question of how these applications relate to the different background and objectives of the ECHR and the EU legal systems. These answers will provide the CJEU with tools to deliver well-informed rulings on the personal scope of Charter provisions in the future.
format	article
author	Manon Julicher Marina Henriques Aina Amat Blai Pasquale Policastro
author_facet	Manon Julicher Marina Henriques Aina Amat Blai Pasquale Policastro
author_sort	Manon Julicher
title	Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
title_short	Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
title_full	Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
title_fullStr	Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
title_full_unstemmed	Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared
title_sort	protection of the eu charter for private legal entities and public authorities? the personal scope of fundamental rights within europe compared
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/e19697994d3d4732acdba6a286d161ea
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Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared

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