The Charter of Fundamental Rights and the reach of Free Movement Law

Filippo Fontanelli, Amedeo Arena

Research output: Chapter in Book/Report/Conference proceedingOther chapter contribution

Abstract

This chapter discusses two underrated and connected aspects that determine the applicability of the Charter in the area of the market freedoms. First, the Charter can be a decisive standard of review for domestic measures only when they are covered by EU law but are not precluded by it. In this respect, the distinction between non-preclusion and non-application of EU law is overlooked in the case law and in the scholarship. Second, because the applications of EU law and the Charter are aligned, the latter suffers from the uncertainties of the former. This chapter concludes that the entry into force of the Charter has exposed the blurred contours of the application of EU law, in particular in the area of the market freedoms.
Original languageEnglish
Title of host publicationThe Reach of Free Movement
EditorsMads Andenas, Tarjei Bekkedal, Luca Pantaleo
PublisherT.M.C. Asser Press
Pages293-312
ISBN (Electronic)978-94-6265-195-1
ISBN (Print)978-94-6265-194-4
DOIs
Publication statusPublished - 28 Sep 2017

Keywords

  • market freedoms
  • federalising effect
  • Charter of Fundamental Rights of the EU
  • Court of Justice
  • Application of EU law
  • Article 51 of the Charter
  • Jurisdiction of the Court of Justice

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