The Scope of EU Fundamental Rights: An analytical approach
Title: The Scope of EU Fundamental Rights: An analytical approach
Author: HANCOX, Emily
Citation: Florence : European University Institute, 2012
Series/Number: EUI LLM theses; Department of Law
The scope of EU fundamental rights is in a general state of confusion. This thesis takes an analytical approach to the case law, focuses on how the Court of Justice has conceptualised cases dealing with fundamental rights. This approach goes beyond the use of misleading labels, often used to disguise any extension of the scope of fundamental rights. As a result of this, the case law on general principles is recategorised so that there are three main categories of Member State action falling within the scope of EU fundamental rights. These are, when the Member State acts based on a power conferred by the EU, when Member State action preconditions the exercise of an EU right and when a national measure is affected by EU legislation. The post-Charter case law is then considered against the backdrop of this recategorisation. The general trend suggests that the Charter has not affected the scope of EU fundamental rights. The potential impact of accession to the ECHR is then considered.
LC Subject Heading: Human rights -- European Union countries; Civil rights -- European Union countries; Charter of Fundamental Rights of the European Union (2000)
Supervisor: Professor Loïc Azoulai, European University Institute.; Award date: 26 November 2012
Files in this item
There are no files associated with this item.