The Application of EU Fundamental Rights During the Financial Crisis: EU Citizenship to the Rescue?

Katerina Kalaitzaki

Research output: Working paper

Abstract

The procedure of challenging austerity measures for EU fundamental rights violations during the financial crisis has revealed a serious ‘review gap’ due to the – often atypical – nature of financial measures and the Charter’s limited application. This article examines a different way to address the ‘review gap’ by focusing on EU citizenship’s role to provide the ‘way into’ EU law, allowing Charter rights to be invoked in a broader scope of application that would encompass austerity measures challenges. Specifically, Article 20 TFEU and the ‘substance of rights’ doctrine can provide that opening, when placed into a different jurisdictional test that also involves the ‘operationalisation’ of Article 2 TEU. This ‘inverse applicability of EU law’ test will allow further rights to be judicially incorporated into the list already expressly articulated in Article 20 TFEU, creating a bridge between what are traditionally conceived as ‘purely internal situations’ and establishing the necessary ‘connecting factor’ to EU law.
Original languageEnglish
PublisherPublic Law
Number of pages27
Volume2014
Publication statusPublished - 1 Dec 2020

Keywords

  • EU citizenship
  • fundamental rights
  • financial crisis
  • effective judicial review
  • substance of rights doctrine
  • jurisdictional test

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