Hic Sunt Nationes: The Elusive Limits of the EU Charter and the German Constitutional Watchdog

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Abstract

The Fransson decision confirms that the Charter applies to national measures that do not transpose EU legislation and happen to fall within its scope only incidentally. Regardless of the relative conservativeness of this finding, its implications are fated to displease member states and the reasoning of the Court was not compelling enough to prevent distinguishing and criticism. The first attack was promptly brought by the German Constitutional Court, which in its anti-terror database decision made clear that it subscribes only to a restrictive reading of Fransson and does not accept that the Charter applies to domestic measures whose objectives are set domestically, even if their purposes are shared by EU legislation.
Original languageEnglish
Pages (from-to)315-334
JournalEuropean Constitutional Law Review
Volume9
Issue number2
DOIs
Publication statusPublished - 2013

Keywords

  • Fransson
  • Article 51 EUCFR
  • European Charter of Fundamental Rights
  • Human Rights
  • ne bis in idem
  • German Constitutional Court

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