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The European Charter of Fundamental Rights and the Courts

  • Valentina Bazzocchi
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 8)

Abstract

This Chapter aims to highlight how the EU Charter of Fundamental Rights of the EU has been used by the Community Courts and national judges. After its solemn proclamation in December 2000 the Charter was formally not a legally binding instrument. However, this document has increasingly become a point of reference for Advocates General, the Court of First Instance and of the European Court of Justice, and has even been invoked by the Strasbourg Court and by constitutional courts of the Member States. Still, it appears that the use made of the Charter varies considerably and deserves closer consideration. It is argued that by attributing full legal force to the Charter the Lisbon Treaty enhances the integration process and improves the degree of legitimacy of the EU.

Keywords

Legal Order Advocate General Lisbon Treaty Constitutional Court Community Court 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2011

Authors and Affiliations

  1. 1.CIRDE (Interdepartmental Research Centre on European Law)University of BolognaBolognaItaly

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