Peer-Reviewed Journal Details
Mandatory Fields
Tobias Lock
2019
October
Common Market Law Review
Rights and principles in the EU Charter of Fundamental Rights
Published
()
Optional Fields
56
5
1201
1226
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.
0165-0750
Grant Details