Tag Archives: Charter of Fundamental Rights

Case C-638/16 PPU, X and X v Belgium (7 March 2017)

General background On 12 December 2016, the European Court of Justice (ECJ) received a request for a preliminary ruling from the Belgian Council for asylum and immigration proceedings. The case concerned a Syrian family living in Aleppo, Syria. Relying on … Continue reading

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Stephen Brittain on “The relationship between the EU Charter of Fundamental Rights and the European Convention on Human Rights: an Originalist Analysis”

Stephen Brittain published an article in the European Constitutional Law Review in December 2015. It looks at how one could bring an originalist perspective into the interpretation of the European Convention on Human Rights and the Charter, a field currently … Continue reading

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Willems, Joined Cases C-446/12 – C-449/12, of 16 April 2015

When is the Charter of Fundamental Rights of the European Union (the Charter) applicable to Member State measures? According to Article 51(1) of the Charter, it will only apply to the Member States when they are implementing EU law. The … Continue reading

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Jakab on the Application of the EU Charter by National Courts in Purely Domestic Cases

András Jakab, Director of the Institute for Legal Studies of the Hungarian Academy of Sciences and Schumpeter Fellow at the Max Planck Institute, pre-published on SSRN an essay discussing the application of the EU Charter by national courts, to appear … Continue reading

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Case C-399/11, Melloni v. Ministerio Fiscal

Background of the case1 Mr Melloni was wanted in Italy for bankruptcy fraud but living in Spain. In 1996, the First Section of the Sala de lo Penal of the Audiencia Nacional (the Criminal Division of the High Court in … Continue reading

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Lenaerts on exploring the limits of the EU Charter of Fundamental Rights

The Charter became primary EU law when the Lisbon Treaty entered into force in December 2009. In order to understand the impact of the Charter on EU law the scope of it has to be determined, both regarding when it … Continue reading

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Åklagaren v. Hans Åkerberg Fransson, Case C-617/10 of 26 February 2013

Background Hans Åkerberg Fransson was a Swedish fisherman living in the north of Sweden. In 2007 it was decided that he would have to pay a tax surcharge, due to the fact that he had provided false information concerning his … Continue reading

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