The EU Charter of Fundamental Rights as a Binding Instrument: Five Years Old and Growing

About the Author

Birke Häcker is Professor of Comparative Law at the University of Oxford, Director of the Institute of European and Comparative Law, and a Professorial Fellow of Brasenose College, Oxford.

Mark Freedland QC (hon), FBA is Emeritus Professor of Employment Law in the University of Oxford, and a Senior Research Fellow at St John's College, Oxford.

Photo courtesy of Faculty of Law, University of Oxford.

Stephen Weatherill is the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College.

Photo courtesy of Faculty of Law, University of Oxford.

Product Description

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

Review

“The editors and the authors deserve praise for their effort in producing a highly relevant and enjoyable book on the Charter five years into its existence. It contains much food for thought and is therefore a wonderful inspiration for future research.” ―Yearbook of European Law

“... the editors of the book have provided a broad, in-depth and succinct assessment of the post-Lisbon case law involving the Charter ... The book's main advantage is the variety of issues it tackles, guaranteeing a holistic analysis. It is an example of thorough doctrinal scholarship at its best. Not only do the authors explore and critically assess the Charter's impact on the EU legal order but they also deal with practical problems that the Court and national courts face in adjudication.” ―Common Market Law Review