The national application of the Charter of Fundamental Rights of the EU: A simple tool for the interpretation of the effectiveness of the directives
DOI:
https://doi.org/10.18042/cepc/rdce.61.05Keywords:
Charter of Fundamental Rights, European Law application, distribution of competences, direct effect, directive, European judges.Abstract
This paper aims to analyze problems in the application of the Charter of Fundamental Rights of the European Union since its entry into force in 2009. The analysis points to the question of its effectiveness. This paper focuses on the difficulties in applying the Charter by national judges as European judges, difficulties derived from the interpretation of Art. 51.1 of the Charter. For this purpose, it will be analyzed how national judges are consistent with the criteria for application of the Charter established by European Court´s recent cases law (Melloni, Akerberg, Julián Hernández, Torralbo Marcos ...). Finally two conclusions will be reach: first al all, the Charter is being used by the ordinary courts as a hermeneutical parameter for the distribution of normative competences between the States and the Union; secondly, the Charter has become an auxiliary mechanism in the hands of the judge for the application of the European Directives and for determination of direct effect.Downloads
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Published
2018-11-29
How to Cite
Aguilar Calahorro, A. (2018). The national application of the Charter of Fundamental Rights of the EU: A simple tool for the interpretation of the effectiveness of the directives. Revista De Derecho Comunitario Europeo, (61), 973–1011. https://doi.org/10.18042/cepc/rdce.61.05
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